Vista Municipal Code § 5.24 Establishments Offering Live Entertainment

Section 5.24.010 Purpose and Intent

A. The City Council of the City of Vista encourages the development of arts and

culture, and recognizes that many entertainment establishments contribute to that goal. While these venues can enhance the community, entertainment establishments sometimes generate excessive noise or disorderly conduct by patrons. This can be particularly true at closing times, with the resulting adverse public safety impact on the surrounding business and residential community. B. Therefore, it is the purpose of this chapter to regulate the operations of entertainment establishments for public safety. It is not the City's intent to regulate or restrict the type or content of entertainment provided at such establishments. All permittees and responsible persons must control patron conduct in and around the establishments, making adequate provisions for security and crowd control, protecting the City's youth, and take steps to minimize or eliminate public disturbances and criminal activity arising from the operation of the entertainment establishment. C. The City Council finds that the imposition of appropriate conditions, using the procedures established by this chapter, will allow entertainment establishments to effectively operate in alignment with public safety needs. Prior Code 3-1; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14; Ord. No. 2025-04, Amended 06/24/25)

Section 5.24.020 Definitions

For purposes of this chapter the following terms shall have the definitions presented

below. ABC License" means the license issued by the California Department of Alcoholic Beverage Control. City Manager" means the City Manager for the City of Vista or the City Manager' s designee. Entertainment" or “ entertainment establishment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to

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which the public is invited or allowed to watch, listen, or participate, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including: A. Presentations by single or multiple performers, such as comedians, karaoke, dance or theatre performances, contests, sporting events, exhibitions, concerts, or any other such activity which may be attended by members of the public. B. Dancing to live or recorded music. C. Recorded music presented by a DJ or similar operator contracted by the establishment. Entertainment permit" means a permit obtained from the City Manager, or upon appeal, from the City Council, pursuant to the provisions of this chapter to operate an entertainment establishment. Permittee" means a person, persons, or business entity that has been issued an entertainment permit in accordance with this chapter. Reasonable efforts" means the provision of an adequate number of licensed security personnel as required by an entertainment permit, the adoption of operating policies that are consistent with this Code and the permit and compliance with those policies, the documented training of employees on the establishment operating policies, notifying the Sheriff' s Department of apparent criminal activity, and the taking of all additional measures, consistent with sound business judgment, necessary to achieve compliance with this chapter and conditions imposed by the applicable permit. Responsible person" means any person who is physically at the place of entertainment or entertainment establishment, whether or not an entertainment permit has been issued, and is any of the following: A. The person who owns the entertainment establishment. B. The person in charge of the entertainment establishment. C. The person using the entertainment establishment under a special arrangement. D. An employee or agent of the owner or manager of the entertainment establishment when the owner or manager is temporarily absent. E. The entertainment establishment' s manager or on-site supervisor. Theater" means any commercial establishment where regular theatrical performances, such as dramatic or narrative performances, are given, usually on a stage, and usually with ascending row seating permanent seating. Prior Code 3-2; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014- 7, Amended in its Entirety, 03/25/14; Ord. No. 2025- 04, Amended 06/24/25)

Section 5.24.030 Permit Requirements; Mandatory Legal and Regulatory Compliance

A. Unless exempted by this chapter, it is unlawful for the owner of an entertainment establishment or a responsible person, to host, provide, or permit any entertainment open to the public without a valid and current entertainment permit. B. It is unlawful for the owner of an entertainment establishment or a responsible person to provide or permit any entertainment, or to operate an entertainment establishment, without the correct class of entertainment permit as set forth in Section 5.24.050. C. It is unlawful for an entity or a responsible person, to operate an entertainment establishment in a manner that violates: 1. The provisions of this chapter. 2. The conditions imposed in connection with an entertainment permit. 3. The conditions imposed in connection with a special use permit or any other land use entitlement applicable to the premises on which an entertainment establishment operates.

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4. Any other provision of this Code or the Development Code which may

apply to the entertainment establishment or the premises on which the entertainment establishment operates. D. An entertainment permit shall cover only one location and shall not be transferable between owners or locations. Prior Code 3-3; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14; Ord. No. 2025-04, Amended 06/24/25)

Section 5.24.040 Exemptions from Permit Requirement

The following types of entertainment and entertainment establishments are exempt from the entertainment permit required by this chapter. The following exemptions do not exempt any responsible person from the obligation to satisfy all applicable laws governing that entertainment or entertainment establishment. A. Entertainment provided in connection with a special event permit or a park event permit approved pursuant to Chapters 12.12 and 12.13 of this Code provided that such permit specifically authorizes or allows, as applicable, the entertainment provided. B. Entertainment occurring within a City-owned facility, including the Moonlight Amphitheatre and the Avo Playhouse, where the entertainment is specifically authorized pursuant to a contract between the City and the party managing, presenting or hosting the entertainment. C. Entertainment sponsored by any agency of the City of Vista, the County of San Diego, the various Boards of Education, any other political subdivision of the State of California, or a charter school provided that the entertainment offered by the charter school is part of an educational and instructional program. D. Entertainment limited to the use of recorded music, TV, video games, and background music. Indoor activities will be exempt including karaoke, comedy, trivia and bingo as long as noise is contained to the property in accordance with the noise requirements of Vista Municipal Code 8.32. If these activities do not comply with the noise provisions of Vista Municipal Code 8.32, a live entertainment permit is required. E. Entertainment provided for members and their guests at a private club having an established membership when admission is not open to the public. For purposes of this Section, private club means corporations or associations operated solely for objects of national, social, fraternal, patriotic, political, or athletic nature, membership in which is by application and for which regular dues are charged, and the advantages of which club belong to members, and the operation of which is not primarily for monetary gain. F. Entertainment provided at a private residence for invited guests where there is no admission charge. G. Entertainment conducted by or sponsored by any bona fide club, organization, society or association which is exempt from taxation pursuant to Internal Revenue Code section 501(c)(3), when all proceeds, if any are used exclusively for the benevolent purposes of such club, society or association. H. Theaters. I. Motion picture theaters not providing live entertainment. J. Dance lessons, theatrical and performing arts lessons. K. Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays. L. Fundraisers for a political cause. Prior Code 3-4; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014- 7, Amended in its Entirety, 03/25/14; Ord. No. 2025- 04; Amended 06/24/25)

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Section 5.24.050 Permit Types

A. Unless exempted pursuant to Section 5.24.040, a valid and current entertainment

permit, of the class indicated below, must be issued for each entertainment or entertainment establishment. The permit application must specify whether any of the following conditions will apply, all of which fall under a “Class 1” permit. 1. Sound Amplification: Whether the entertainment will include the use of amplified sound that does not comply with Vista Municipal Code 8.32. 2. Dancing: Whether dancing will be permitted or occur during entertainment. 3. Alcohol: Whether alcohol will be served or consumed on the premises. The reviewing authority may consider these conditions when determining whether to approve a permit or may impose specific requirements or conditions accordingly. B. For purposes of this section, entertainment includes dancing when the entertainment establishment: 1. Has a dance floor of at least 100 square feet which can be used for dancing by those in attendance; or 2. Clears an area of at least 100 square feet which can be used for dancing by those in attendance. Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014- 7, Amended in its Entirety, 03/25/14; Ord. No. 2025- 04, Amended 06/24/25)

Section 5.24.060 Applications for Permits – Contents

A. Before any entertainment permit is issued, an application signed and verified by the applicant, along with any required fee, shall be filed with the City Manager, on a form approved by the City Manager. B. The complete application shall be filed with the City Manager at least 45 days prior to each of the following: 1. The proposed start of any entertainment or the opening of the entertainment establishment. 2. The proposed effective date for a change in class or conditions associated with an issued entertainment permit. 3. The sale of any interest in the entertainment establishment or the business entity in control of the entertainment establishment which is equal to or greater than ten percent. C. The application shall include the following information: 1. For the applicant and each person having a financial interest in the entertainment establishment of at least ten percent, that person’ s name, home address, business address, and other pertinent identifying information as determined by the City Manager. 2. The nature of the business or activity for which a permit is requested, and the class of permit requested. 3. The name and address of the person by whom the applicant is employed, if any. 4. The address and a detailed description of the premises for which the permit is sought, including but not limited to the approximate size of the lot and the approximate square footage of any structure in which the activity will occur, a description of the area where any dancing, if any, is to be conducted, a description of any parking facilities on the premises and in the nearby vicinity, and a general description of the neighborhood in which the premises are located.

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5. A description of the principal activities to be conducted on the premises. 6. Whether alcoholic beverages will be offered for sale or otherwise

provided, and, if so, the number of the applicable ABC license. 7. The names, residence addresses, business addresses, and other pertinent identifying information for each responsible person currently employed or associated with an operating entertainment establishment or who is anticipated to be employed by or associated with an entertainment establishment for the coming permit year. 8. The maximum capacity of the room or rooms where the entertainment will occur. 9. Whether the applicant or any other responsible person( s) have been convicted of a misdemeanor or felony offense within the past ten years, including details of the offense( s) and the sentence( s). 10. Whether the applicant has ever obtained or sought to obtain an entertainment permit or similar permit in the past, and whether such permit was ever revoked or denied. 11. Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted. 12. A floor plan in sufficient detail to permit a review of the function, operation, and legal compliance of the entertainment establishment presented in such manner as may be required by the application form. 13. Such other information as the City Manager may deem necessary or proper for processing and review of the application, including for entertainment using amplified sound, a professional acoustical or sound study which may be required in connection with the initial application, any reapplication, or any appeal thereof. Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14; Ord. No. 2025-04, Amended 06/24/25)

Section 5.24.070 Investigation of Applications

A. A copy of each entertainment application pursuant to Section 5.24.060 and renewal application pursuant to Section 5.24.100 shall be provided to the Sheriff’ s Department who shall report on: 1. Whether the submitted application is accurate and truthful in all material respects. 2. Whether the entertainment or entertainment establishment meets law enforcement requirements for permit issuance per Section 5.24.080. 3. Conditions which the City Manager can consider imposing on the entertainment establishment, consistent with this chapter, if the application is approved. B. The City Manager shall obtain comments and reports from City departments and City officials, including the Fire Marshal and Building Official, regarding whether the entertainment establishment would satisfy the requirements of this Code and, the standards for approval set forth in Section 5.24.080. Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014- 7, Amended in its Entirety, 03/25/14; Ord. No. 2025- 04, Amended 06/24/25)

Section 5.24.080 Action on Applications – Conditions

A. The City Manager shall approve the issuance of the entertainment permit if he or

she finds all of the following: 1. The submitted application was complete, signed, verified, and accompanied by the required fee.

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2. The application did not include any material misstatement or omission of

fact. 3. Issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, will conform with federal, state and local laws, rules, regulations and any existing special use or similar permit(s). 4. Issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, will not pose an undue burden on the neighborhood due to its proximity to residences, inadequate parking or other neighborhood factors and will not interfere with the reasonable use and enjoyment of the neighborhood by residents and commercial interests. 5. Neither the applicant nor any responsible person or principal of the applicant has, within the past ten years, been convicted of a felony or crime of moral turpitude that is substantially related to the qualifications, functions or duties of a proprietor or manager charged with the lawful and responsible operation of an entertainment establishment or the premises upon which such establishment is located. 6. Neither the applicant nor any responsible person or principal of the applicant has a history of committing, permitting or failing to prevent significant violations of this Code, the Development Code, or any license or permit, in connection with the operation of an entertainment establishment or premises similar to that upon which the entertainment establishment will be located. B. The City Manager may impose conditions when issuing an entertainment permit. 1. Conditions may be imposed to ensure that the entertainment or entertainment establishment will satisfy the requirements of this chapter, this Code, the Development Code and will operate without creating the adverse impacts that, pursuant to paragraph ( A), would have justified denial of the application. 2. All conditions shall be set forth in writing and shall be deemed to be appended to the issued entertainment permit. 3. Should the applicant object to any conditions they may request that the City Manager reconsider the imposition of one or more conditions. An objection to one or more conditions may be filed in writing personally with the City Clerk following the date that the entertainment permit is approved, but no more than once in any fiscal year with respect to the same condition. The request for reconsideration shall specify the specific conditions to which objection is made, and shall present all factual, legal and other arguments regarding why that condition or those conditions should not be imposed. The City Manager will then review the objections and issue a written response identifying which conditions have been eliminated or retained. For any retained condition, the written determination shall present the facts and reasons for retaining the condition. The City Manager’ s determination shall be final, and the applicant shall, pending resolution, comply with all disputed conditions unless such compliance is waived in writing by the City Manager upon request by the applicant. As an alternative to the preceding procedures, the City Manager may elect to present a request for reconsideration to the City Council when the contested condition, in the City Manager’ s discretion, involves larger or unique matters of potential public concern. In that event, the request for reconsideration shall be presented to the City Council using the procedures set forth in Section 5.24.140, and the City Council’ s action shall be final. C. If the City Manager denies the application, the applicant shall be notified of the reasons for the denial in writing within 45 days after receipt of a complete application. However, failure to notify the applicant within the specified time period does not entitle the applicant to the permit. An applicant denied an entertainment permit has a right to appeal the denial in accordance with Section 5.24.130. If a timely appeal is not requested, the denial shall be final. Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14; Ord. No. 2014-12, Amended, 06/24/14; Ord. No. 2025-04, Amended 06/24/25)

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Section 5.24.090 Duration of Approved Permits

A. Entertainment permits shall expire when either of the following occurs:
1. Two years after issuance; or
2. The business operated by the entertainment establishment moves to a

new location. Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014- 7, Amended in its Entirety, 03/25/14; Ord. No. 21-15, Amended 12/14/21)

Section 5.24.100 Renewals of Permits

A. The following procedure shall be used for the review of applications for renewal of all entertainment permits. 1. A renewal notice shall be sent to the permittee at least 30 days prior to a scheduled expiration of the entertainment permit. 2. To apply for renewal, the permittee shall remit the required renewal fee set by resolution of the City Council and shall update the information concerning the entertainment establishment and its operation by providing the following: a. Any information or disclosure that should have been included, in a prior application or renewal application, but which was omitted. b. Information regarding any change in ownership of the entertainment establishment which is ten percent or greater, including all information required for the new owner in accordance with Section 5.24.060(C). c. With respect to the information provided pursuant to Section 5.24.060, any change in the proposed operation, design, or layout of the entertainment establishment or the nature of the entertainment to be provided. d. Whether: 1. The permittee or any responsible person has been convicted, since the submission of the last application, of a misdemeanor or felony offense, the nature of that offense, and any sentence therefor; and 2. The names and identifying information of any new responsible person not disclosed in a prior application. e. Whether the permittee, since the submission of the last application, has had an entertainment permit or similar permit revoked or not renewed, and the basis for that decision. f. Whether the applicant seeks a different class of entertainment permit than the class of the current permit. 3. Any application for renewal shall be signed and verified by the applicant. B. The application shall be eligible for approval if it satisfies the requirements of

C. All conditions imposed on the immediately prior permit shall continue with respect to any renewed permit, and the City Manager may impose additional conditions in accordance with Section 5.24.080(B). D. If the City Manager denies an application, the basis for the denial shall be presented in accordance with Section 5.24.080(C) and any appeal shall be processed in accordance with Section 5.24.140. Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 90-22, Amended, 6/29/90; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014-7, Amended in its Entirety, 03/25/14; Ord. No. 2025-04, Amended 06/24/25)

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Section 5.24.110 Operating Standards

Each entertainment and each entertainment establishment is required to satisfy the following operating standards, and each responsible person shall engage in all reasonable efforts to assure that any entertainment or entertainment establishment satisfies the following operating standards: A. The entertainment permit shall be displayed on the premises in a conspicuous place so that law enforcement persons entering may readily see the entertainment permit and any conditions imposed thereon. A copy of the floor plan approved with the entertainment permit shall be made available at all times at the request of any law enforcement officer or fire marshal. B. The entertainment establishment shall be closed and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m., unless the entertainment permit is conditioned for additional hours of closure. C. Reasonable efforts shall be made to prevent the admission of any person whose conduct is described in Penal Code Section 415 ( fighting, loud noise) or 647 ( disorderly conduct) at the premises or on any parking lot or similar facility used by the establishment. The responsible person shall make reasonable efforts to remove persons exhibiting such conduct from the establishment, including calling the Sheriff’ s Department when circumstances warrant. D. Reasonable passageway shall be provided through any part of a room used by patrons and entertainers for their ingress and egress. E. Except as provided below, an establishment providing amplified live entertainment shall assure that the amplified live entertainment occurs exclusively within a fully enclosed building with all windows and doors closed, except that a door may be briefly and temporarily opened as may be necessary to accommodate ingress or egress. Notwithstanding the preceding requirement, amplified live entertainment may occur within a building that has open doors, windows, or other passages and on approved patios if such entertainment is expressly authorized in the conditions for the entertainment permit and the entertainment occurs between the hours of: noon and 10 p.m. within an industrial zone, or 5:00 pm and 9:00 pm Monday through Thursday, 5:00 pm and 10:00 pm on Friday, noon and 10:00 pm on Saturday, noon and 9:00 pm on Sunday, and the establishments is located within: the Historic Downtown Planning District in the Downtown Vista Specific Plan; the Paseo Santa Fe Planning District in the Downtown Vista Specific Plan; Zone A of the Central Vista Business Improvement District. These exceptions are only applicable to spaces located on the ground floor and approved patio areas. For purposes of this paragraph, the industrial zone shall include the M-1 zone, I-P zone, Business Park Specific Plan, or Specific Plan 14. Requests for extended hours for live entertainment on holidays may be approved by the City Manager on a case-by-case basis; requests must be submitted in writing a minimum of ten business days prior to the holiday. F. All laws applicable to noise abatement shall be observed, including those contained in Chapter 8.32 of this Code. 1. Live entertainment conducted outdoor or semi- outdoor shall not exceed a one- hour average sound level of 75.0 dBA Leq when measured at the property line. 2. Live entertainment during all other approved hours or locations not subject to the above exception, shall not exceed a one-hour average sound level of 60 dBA Leq when measured at the property line.

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G. The City shall utilize a progressive enforcement policy with regard to noise complaints regarding live entertainment. All complaints and enforcement herein apply only for the duration of the then active permit. Upon issuance of a new or renewed permit, the progressive enforcement policy begins from the first complaint. Upon receiving a complaint, the City will notify the business in writing that a complaint has been received. If a second complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, the business shall ensure that no future live entertainment performances exceed the allowable limits and shall utilize a sound level meter to monitor the sound level generated from live entertainment and provide the measurements to the City upon request by the City. To monitor the sound level, the business shall be required to use a sound meter as defined in section 8.32.040, which incorporates San Diego County Code section 36.402(s) or any future version of this code section. In addition, the sound level meter must have the capability to log and store the sound level measurements and provide said measurements in a common readable data format. If a third complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, the business shall ensure future sound levels do not exceed the maximum limits using a noise control plan created by a sound industry professional and provide to the City a copy of the noise control plan and satisfactory documentation that sound levels associated with the business have not exceeded the maximum level allowed. If a fourth complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, or if the business refuses to monitor or correct the sound level as described herein, the live entertainment permit shall be immediately suspended for a period of three months beginning on the date of the fourth complaint. If a fifth complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, or if the business again refuses to monitor or correct the sound level as described herein after serving a three-month suspension, the live entertainment permit shall be immediately suspended for a period of six months beginning on the date of the fifth complaint. If a sixth complaint is received for the business, and the business cannot disprove the validity of the complaint to the satisfaction of the City, or if the business again refuses to monitor or correct the sound level as described herein after serving a six-month suspension, the live entertainment permit shall be immediately suspended for a period of twelve months beginning on the date of the sixth complaint. H. Reasonable efforts shall be undertaken to control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct upon the entertainment establishment and within 100 feet of the establishment. The 100-foot distance shall be measured in a straight line from the property line of the permitted entertainment establishment. I. An orderly dispersal of individuals from the vicinity of the entertainment establishment shall occur at closing time, and those dispersed shall not be permitted to congregate in the vicinity in a disorderly fashion. J. Persons shall not bring an alcoholic beverage onto the premises, or otherwise consume an alcoholic beverage on the premises, unless the permittee has been issued an ABC license and an entertainment permit pursuant to Section 5.24.050(A)(2). K. The maximum number of persons in the entertainment establishment, other than employees, shall not, at any time, exceed the maximum occupant load as established by the Fire Marshal or the City Building Official. L. The entertainment establishment, and all of its operations, must comply with all requirements relating to responsible beverage sales training and service contained in Chapter 5.10 of this Code if the entertainment establishment allows for the service of consumption of alcohol on the premises. M. In addition to satisfying all operating requirements found in this Section, each entertainment establishment shall satisfy all other or additional requirements contained in this

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Code, contained in the Development Code, and imposed pursuant to any entertainment permit issued for the entertainment establishment. N. During its business hours, the entertainment establishment shall allow entry to any peace officer or code enforcement officer of the City, County or the State, or any officer or official of the United States government, charged with the duty of enforcing police laws during the business hours of the entertainment establishment. Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014- 7, Amended in its Entirety, 03/25/14; Ord. No. 2021- 15, Amended, 12/14/21; Ord. No. 2025- 04, Amended 06/24/25)

Section 5.24.120 Closure Based on Threat to Public Safety

A. The Sheriff’ s Department may require a permittee or responsible person to

immediately close an entertainment establishment and disperse all patrons for the remainder of the day whenever disorderly conduct reaches a magnitude that presents an immediate threat to the public safety or well-being of the patrons and general public in the vicinity. B. It is unlawful for any person to fail to comply with any directive issued by the Sheriff’s Department under authority of Section 5.24.100(A). Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 75-58, Amended 12/22/75; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2010-8, Amended, 5/11/10; Ord. No. 2014-7, Amended in its Entirety, 03/25/14; Ord. No. 2025-04, Amended 06/24/25) Section 5.24.130 Permit Revocation

A. Any entertainment permit issued pursuant to this chapter is subject to revocation

prior to the date on which it would otherwise expire if it is found that: 1. A material violation of this chapter has occurred; 2. A material violation of the terms and conditions of the entertainment permit has occurred; or 3. The continued operation of the entertainment establishment constitutes a public nuisance or will endanger the health, safety, or welfare of the City or its inhabitants. Notice of a pending revocation shall be provided to the permittee in writing delivered to the address provided on the application and shall state the facts and grounds upon which the pending revocation is based with a date for the pending revocation to take effect which shall be no sooner than 15 days following the date of such notice. The notice of the pending revocation shall take effect on the date indicated therein unless the applicant files a written notice of appeal with the City Clerk no later than ten days following the posting or delivery of the revocation notice shall generally set forth the facts, reasons and any legal arguments why the pending revocation should not occur. The City Manager will consider the evidence and arguments presented, and issue a written decision whether to rescind the revocation, whether to allow the revocation to take effect, identifying an effective date which shall be no sooner than 15 days following the date of the City Manager’ s determination, or determine whether to rescind the revocation but to impose additional conditions on the permit. B. Nothing in this Section shall limit the City’s authority to use any other legal means to cite, curtail, limit, enjoin, or prosecute, as applicable, any nuisance condition associated with the operation of an entertainment establishment, a violation of any provision of this Code or law, or the actions of any responsible person in connection therewith. Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014- 7, Amended in its Entirety, 03/25/14; Ord. No. 2025- 04, Amended 06/24/25)

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Section 5.24.140 Appeals

A. In the event the City Manager denies or revokes an entertainment permit, the applicant may appeal to the City Council by filing with the City Clerk a written notice of appeal within ten days from the date of such denial or revocation. The notice of appeal shall briefly present the facts, reasons, and legal arguments why the permit should not be revoked or denied. If such appeal is filed, the City Council shall set an informal hearing to review the appeal. The hearing shall be set within a reasonable time which shall be: (1) no sooner than 15 days from the date of the notice of appeal; and (2) no longer than 30 days from the date of the notice of appeal unless a regular meeting of the City Council has been cancelled, in which case the hearing shall occur no later than 60 days following the date of the notice of appeal. If a timely appeal is not filed, the decision of the City Manager shall become final. B. The appeal before the City Council shall constitute a de novo proceeding. The applicant may submit to the City Clerk any written materials, arguments, evidence, and declarations. To allow for proper review and consideration, all submissions by the applicant or permittee must be received by the City Clerk no later than ten days prior to the scheduled hearing. Following the appeal, the City Council shall take action on the appeal. If the appeal is denied, the facts and reasons for the denial shall be set forth in writing and the date for a revocation, if applicable, shall be no sooner than ten days following the date of such written notice. Prior Code 3-5; Ord. 66-23, Enacted 9/6/66; Ord. No. 98-1, Repealed and Replaced, 02/10/98; Ord. No. 2014- 7, Amended in its Entirety, 03/25/14; Ord. No. 2014- 12, Amended, 06/24/14)

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Chapter 5. 28

Cable Television Franchise

Sections:

5. 28. 010 Definitions
6. 28. 020 Nature and Extent of Grant
7. 28. 030 Duration of Grant
8. 28. 040 Interpretation
9. 28. 050 Limitations Upon Grant
10. 28. 060 Abandonment of Service
11. 28. 070 FCC Rules Applicable
12. 28. 080 Location of Franchise Property
13. 28. 090 Removal or Abandonment of Franchise Property
14. 28. 100 Changes Required by Public Improvements
15. 28. 110 Failure to Perform Street Work
16. 28. 120 Annual Payments to the City
17. 28. 130 Faithful Performance Bond
18. 28. 140 Indemnification to City
19. 28. 150 Inspection of Property and Records
20. 28. 160 Miscellaneous Provisions
21. 28. 170 Unlawful Acts
22. 28. 180 Equal Opportunity Employment and Affirmative Action Plan
23. 28. 190 Rates and Charges
24. 28. 200 Subscriber Reimbursements
25. 28. 210 Cable Television Review Committee
26. 28. 220 Publication Expense

Section 5. 28. 010 Definitions

Unless it is apparent from the context that it has a different meaning, each of the following terms, phrases, words and their derivations has the meaning given in this section whenever it is used in this franchise: City" means the City of Vista, California, a municipal corporation duly organized and existing under and by virtue of the laws of the State of California. Council" means the Council of the City of Vista. Franchise Property" means all property owned, installed or used under authority of this franchise by the grantee. Grantee" means the person or corporation to whom or which this franchise is granted by the Council, and the lawful successor or assignee thereof, and who or which has filed with the City an acceptance and bond referred to in Sections 5. 28. 030A and 5. 28. 130 of this chapter. Street" means the surface of, and the space above and below any public street, road, highway, freeway, lane, utility easements, court, sidewalk, parkway or drive, now or hereafter existing as such within the city. Community Antenna Television System," hereinafter referred to as " CATV" means coaxial cable, wave guides or other conductors and equipment for providing television, radio or other service by cable or through its facilities as contemplated in this chapter. CATV applies only to the transmission of general broadcast programs, noncommercial or nonpaid programs of a public service character. CATV does not include the transmission of any other pay television,

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and such transmission is specifically excluded from the franchise ordinance codified in this chapter. Subscribers" means any person or entity receiving for any purpose the CATV service of grantee as provided in this chapter. Service Area" means the area within which grantee is permitted to serve subscribers under the provisions of this franchise. Operating Licensee" means any person or entity conducting all or part of a CATV under license of, or transfer from, the grantee pursuant to Section 5. 28. 050C. Total Gross Receipts" means any and all compensation under consideration received directly by the grantee and its operating licensees from the operation of its CATV service within the corporate limits of the city as such corporate limits now exist or may be hereafter established. Prior Code 613- 1; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 020 Nature and Extent of Grant

authorizes Pala Mesa Cablevision, Inc., grantee, to The franchise granted by the City engage in the business of operating and providing a CATV system within those portions of the city that were in the unincorporated area of the County of San Diego on July 5, 1966, subject to the following provisions herein contained: A. To install, construct, replace, repair, reconstruct, maintain and retain: 1. A television antenna, supporting structure and appurtenances in such place as may be authorized by the City Engineer; and 2. Wires, cable, coaxial cable, conductors, ducts, conduit vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system, above, in and under streets within the city, and, in addition, so to use, operate and provide similar properties rented or leased from other persons, firms or corporations for such purpose. B. To maintain and operate said franchise properties for the collection, transmission, amplification and distribution of electrical or radiant energy for television and radio reception. C. To provide, use and operate similar properties rented or leased from other persons, firms or corporations for such purpose. D. To engage in the business of the distribution and sale of such energy to subscribers within the city. E. The grantee shall not engage in the business of selling television or other receivers which make use of signals transmitted by its system, nor shall grantee engage in the repair of such receivers or the sale of parts for same. Prior Code 613- 2; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 030 Duration of Grant

A. This franchise shall not become effective until the grantee has filed with the City

Clerk a written instrument, addressed to the Council, accepting this franchise and agreeing to comply with all of the provisions of this chapter. B. The term of this franchise is 20 years commencing on the effective date of the ordinance codified in this chapter, provided, that upon written notice given by the City or grantee to the other not less than 90 days prior to the third anniversary of said effective date, the terms and conditions of this franchise may be subject to renegotiation for the succeeding ten- year term. Renegotiations shall be directed toward effecting alterations in the terms and conditions of the franchise in order to reflect those technical and economic changes which have occurred during the interim period. In no event shall payments under the franchise either be reduced

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below two percent of the total gross annual receipts of the grantee or be increased in excess of four percent of the total gross annual receipts of the grantee. C. This franchise may be terminated by the City Council in the event the Council has found, after notice and hearing, that: 1. The grantee fails to comply with any provision of this chapter. 2. Any provision of this chapter becomes invalid or unenforceable and the Council expressly finds that such provision constituted a consideration material to the grant of this franchise. D. Any franchise granted under this chapter is renewable at the application of the grantee, its lawful successors, or assignee for such period of time as the Council and the grantee may agree upon by negotiation. E. The grantee shall not commence construction or operation under this franchise until the happening of the following events: 1. The written acceptance of this chapter by the grantee accepting all of the terms and conditions of this franchise and agreeing to be bound thereby, delivered to the City Clerk in a form approved by the City Attorney. 2. The filing of surety bond or bonds with the City Clerk, as required by Section 5. 28. 130 of this chapter, in the amount specified therein and in a form satisfactory to the City Attorney. 3. The grantee filing with the City a contract between it and the Pacific Telephone and Telegraph Company, and/ or the San Diego Gas and Electric Company, or such other or additional utility companies as may be necessary, wherein grantee is granted the right to use the facilities of such utility or utilities in its operations, said contract to be approved as to form by the City Attorney. F. Failure of grantee to comply with the conditions precedent as stated in Subsection E of this section within 90 days after such adoption shall, at the option of the City, cause this franchise to be forfeited. Prior Code 6B- 3; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 040 Interpretation

Unless otherwise specifically prescribed in this chapter, the following provisions shall

govern the interpretation and construction of this franchise: A. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. B. Time is of the essence of this franchise. The grantee shall not be relieved of its obligation to promptly comply with any provision of this chapter by any failure of the City to enforce prompt compliance with the same or any other provision.

right or power conferred, C. Any or duty imposed upon any officer, employee,

department or board of the City is subject to transfer by operation of law to any other officer, employee, department or board of the City. D. 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 franchise or the enforcement thereof. E. This franchise does not relieve the grantee of any requirement of any ordinance, rule, regulation or specification of the City, including, but not limited to, any requirement relating to street work, street excavation permits, or the use, removal or relocation of property in streets. Prior Code 6B- 4; Ord. No. 80- 20, Amended 1/ 26/ 81)

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Section 5. 28. 050 Limitations Upon Grant

A. No privilege or exemption is granted or conferred by this franchise except those specifically prescribed in this section. B. The said franchise and privilege are subordinate to any existing franchise or lawful occupancy of any public highway, street, road or other public property for the purpose of erecting, operating and maintaining poles, lines, conduits, cables, pipelines and other necessary fixtures used in connection with the purpose of said existing franchise or franchises or any extension thereof. original grantee. It C. This franchise is a privilege to be held in personal trust by the cannot in any event be transferred in part, and it is not to be sold, transferred, leased, assigned or disposed of as a whole, either by forced sale, merger, consolidation or otherwise, without prior consent of the City expressed by resolution, and then only under such conditions as may be therein prescribed, provided, however, that no such consent is required for any transfer in trust, mortgage, or other hypothecation, as a whole, to secure an indebtedness. D. There is provided and reserved to the City every right and power which is required by this franchise to be reserved or provided by any provision of law or of any ordinance of the City, and the grantee by its acceptance of this franchise agrees to be bound thereby and to comply with any action or requirement of the City in its exercise of any such right or power. E. Neither the granting of this franchise nor any provision of this chapter constitutes a waiver or bar to the exercise of any governmental right or power of the City. Prior Code 613- 5; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 060 Abandonment of Service

A. After the grantee has established service pursuant to this franchise in the

franchise area, such service shall not be suspended or abandoned unless such suspension or abandonment is authorized by the City Council. B. Whenever the grantee shall file with the City Council a written application alleging that public interest, convenience and necessity no longer require that the grantee furnish service as authorized or required by, or pursuant to this franchise, in any service area, the City Council shall, at a public hearing, take evidence upon that question and shall make a finding with respect thereto. Notice of such hearing shall be given by the grantee to each subscriber in such area at least 15 days prior thereto. If the City Council finds that public interest, convenience and necessity no longer require that the grantee furnish such service, then the City Council shall, after the public hearing as provided in this chapter, authorize suspension or abandonment of such service upon such reasonable terms and conditions as may be prescribed by the City Council. Prior Code 613- 6; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 070 FCC Rules Applicable

A. This franchise is governed by and subject to all applicable rules, regulations and

policies of the Federal Communications Commission ( FCC), specifically including Part 76, and by the Laws of the State of California. Should there be any modifications of the provisions of Part 76 of the rules and regulations of the FCC, specifically including Section 76. 31, that are inconsistent with this franchise, the City and grantee agree that this franchise shall be appropriately amended within one year after the effective date of the FCC' s adoption of the modification or upon renewal of this franchise, whichever occurs first. B. The said CATV system shall be installed and maintained in accordance with the accepted standards of the industry to the effect that the subscriber shall receive the best signal

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to his TV set. The City may establish, in accordance with the practice of the television industry, minimum acceptable standards of signal quality. The provisions of this subsection are a material provision hereof," as these words are used in Section 5. 28. 030C2 of this chapter. Prior Code 613- 7; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 080 Location of Franchise Property

Franchise property shall be constructed or installed only at such locations and in such

manner as shall be approved by the City Engineer, acting in the exercise of reasonable discretion. Prior Code 613- 8; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 090 Removal or Abandonment of Franchise Property

A. In the event that the use of any franchise property is discontinued for any reason for a continuous period of 12 months or that franchise property has been installed in any street without complying with the requirements of this franchise, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly remove from the street all such property permit to be abandoned in place. In the event ofother than any which the City Engineer may any such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the City Engineer. B. Franchise property to be abandoned in place shall be abandoned in such manner shall prescribe.as the City Engineer Upon permanent abandonment of any franchise property in place, the grantee shall submit to the City Council an instrument, satisfactory to the City Attorney, transferring to the City the ownership of such property. Prior Code 613- 9; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 100 Changes Required by Public Improvements

The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in

the same street, alley or public place, or remove from any street, alley or public place, any franchise property when required by the City Engineer by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks or any other type of structures or improvements by governmental agencies when acting in a governmental or proprietary capacity, or any other structures or public improvements, provided, however, that grantee shall in all such cases have the privileges and be subject to the obligations to abandon franchise property in place, as provided in Section 5. 28. 060. Prior Code 613- 10; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 110 Failure to Perform Street Work

Upon failure of the grantee to commence, pursue or complete any work required by law

or by the provisions of this franchise to be done in any street, within the time prescribed and to the satisfaction of the City Engineer, the City Engineer may, at his option, cause such work to be done and the grantee shall pay to the City the cost thereof in the itemized amounts reported by the City Engineer to the grantee within 30 days after receipt of such itemized report. Prior Code 613- 11; Ord. No. 80- 20, Amended 1/ 26/ 81)

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Section 5. 28. 120 Annual Payments to the City

A. By its acceptance of this franchise, the grantee agrees to pay to the City annually in lawful money of the United States three percent of the total gross receipts collected or received, or in any manner gained or derived by the grantee in each calendar year, or portion thereof, during the term of this franchise, from the properties, operations and business referred to in Section 5. 28. 020 of this chapter. B. Checks for all such payments shall be made payable to the City Treasurer, and shall be submitted to the City Treasurer on or before March 1 of each year for the previous calendar year or portion thereof. C. Each payment shall be accompanied by a statement, in duplicate, verified by the grantee or by a general officer or other duly authorized representative of the grantee, showing in such form and detail as the City Council may require from time to time the facts material to a determination of the amount due. D. The payment made to the City by the grantee pursuant to this section for any calendar year shall be in- lieu of any license, fee or business tax prescribed by the City for the same period, but only to the extent of such payment. Prior Code 6B- 12; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 130 Faithful Performance Bond

A. The grantee shall within the period specified in Section 5. 28. 030E file with the

City Clerk and, at all times thereafter, maintain in full force and effect an acceptable corporate surety bond, in duplicate, in the amount of $ 1, 000, effective for the entire term of this franchise, and conditioned that in the event the grantee fails to comply with any one or more of the provisions of this franchise then there shall be recoverable jointly and severally from the principal and surety of such bond any damage suffered by the City as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of property as prescribed by Section 5. 28. 090, 5. 28. 120 or 5. 28. 140 of this chapter which may be in default, up to the full amount of the bond, said condition to be a continuing obligation for the duration of this franchise and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of this franchise by the grantee or from its exercise of any privilege granted in this chapter. B. Neither the provisions of this section, any bond accepted by the City pursuant thereto, nor any damages recovered by the City thereunder shall be construed to excuse faithful performance by the grantee or to limit the liability of the grantee under this franchise or for damages, either to the full amount of the bond or otherwise. Prior Code 6B- 13; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 140 Indemnification to City

The grantee shall indemnify the City, its officers and its employees, against all claims, demands, actions, suits and proceedings by others and against all liability to others, and against any loss, cost and expense resulting therefrom, including reasonable attorneys' fees, arising out of the grant exercise or enjoyment of this franchise, irrespective of the amount of the bond designated in Section 5. 28. 130 of this chapter. Prior Code 6B- 14; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 150 Inspection of Property and Records

A. At all reasonable times the grantee shall permit any duly authorized

representative of the City Engineer and/ or the City Administrator to examine all franchise

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property, 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 treat of the operations, affairs, transactions or property of the grantee with respect thereto. If any of such maps or records are not kept in the City, or upon reasonable request made available in the City, and if the City Engineer and/ or the City Administrator determines that an examination thereof is necessary or appropriate to the performance of any of his duties, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee. B. The grantee shall prepare and furnish to the City Engineer and/ or the City Administrator, at the times and in the form prescribed by the City Engineer and/ or the City Administrator, such reports with respect to its operations, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the duties of the City with this franchise. Such reports mayEngineer and/ or the City Administrator in connection include, but are not limited to, a complete set of as- built records and plans of all facilities installed within the franchise service area. Prior Code 6B- 15; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 160 Miscellaneous Provisions

A. All matters provided in this chapter to be filed with the City shall be filed with the City Clerk. B. The rate schedule for any service agreement or increase thereto to subscribers must have written approval of the City Council. C. The grantee shall maintain an office within the city limits or within the telephone toll free service area of subscribers, so that CATV maintenance service shall be promptly available to subscribers. D. No person, firm or corporation in the existing service area of grantee shall be arbitrarily refused service, provided, however, that grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or the applicable monthly service charge. E. A statement or schedule in a form approved by the City Attorney, of proposed rates and charges to subscribers for installation and services, including related maps, will be submitted to the City Council for approval within 120 days after the effective date referred to in Section 5. 28. 030A. Prior Code 613- 16; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 170 Unlawful Acts

A. It is unlawful for any person to make any unauthorized connection, whether

physically, electrically, acoustically, inductively or otherwise, with any part of grantee' s cable television system for the purpose of enabling himself or others to receive any television signals, radio signals, pictures, programs, sounds or any other information or intelligence transmitted over grantee' s cable system without payment to grantee or its lessee. B. It is unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cable, wires or other equipment used for the distribution of television signals, radio signals, pictures, programs, sounds or any other information or intelligence transmitted over grantee' s cable system. C. It is a misdemeanor punishable by a fine of not more than $ 500, or by imprisonment for a term not to exceed six months, or both, for any person to violate any of the provisions of this chapter. Prior Code 613- 17; Ord. No. 80- 20, Amended 1/ 26/ 81)

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Section 5. 28. 180 Equal Opportunity Employment and Affirmative Action Plan

A. In the carrying out of the construction, maintenance and operation of the cable television system, the grantee shall not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. B. The grantee shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. C. The grantee shall file with the FCC and the City copies of grantee's affirmative action program as well as reports concerning complaints of discrimination and annual employment reports as may be required by the FCC, unless the grantee fails to meet minimum full- time employee criteria of the FCC. Prior Code 613- 18; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 190 Rates and Charges

A. Installation charge ( see note):
Residential - First or primary outlet 25. 00
Residential - Additional outlet, each 15. 00
no charge if activated at same time as primary outlet)
Move outlet ( relocation - same residence) 25. 00
Disconnects No charge
Service call/ repair No charge
B. Monthly service charges:
Single dwelling unit
First or primary outlet ( including converter) 9. 95
Additional outlets ( including converter), each 3. 75
C. Service to public and charitable institutions is at no charge. One service drop will

be provided for each institution passed by cable plant, providing drop length does not exceed 150 feet in length. ( Time and material will be charged for footage in excess of 150 fifty feet.) Trenching shall be provided by the institutions in underground utility areas. D. Note: Installation charges may be reduced or eliminated for promotional purposes. Prior Code 613- 20; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 200 Subscriber Reimbursements

A. In the event of substantial system failure or individual subscriber complaint where the signal quality fails to meet the technical standards established by the FCC ( except when caused by circumstances outside of the grantee' s control, such as fire, earthquake, riot, power failure and other similar circumstances), the grantee shall credit to the requesting affected subscribers as follows: 1. For a single such interruption that has a continuous duration in excess of 24 hours from notification to the company, subscribers will receive credit equivalent to five percent of the monthly service charge for the first 24 hours and five percent for each additional 24 hours or fraction thereof. 2. For multiple such interruptions where the cumulative total duration in any one month is in excess of 24 hours and each individual outage is less than 24 hours,

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subscribers will receive credit equivalent to ten percent of the total monthly service charge for the first 24 hours and ten percent for each additional 24 hours or fraction thereof. B. Subscriber complaints to the City shall be processed by the City Manager. The City Manager, upon receiving a complaint, will verify that the complainant has reported the problem to grantee. If not, the complainant will be told to report to the grantee. The City Manager will also report the complaint to the grantee. C. Any subscriber complaint regarding system failure or signal quality shall be grantee.investigated by Grantee shall respond in writing to the subscriber and the City, explaining the nature of the failure and the steps taken to correct it. If the subscriber is entitled to a reimbursement pursuant to Subsection A of this section, the grantee' s response shall so

state. D. In the event that a subscriber disagrees with grantee' s resolution to a complaint, the subscriber may appeal to the cable television review committee. The appeal must be filed in

the City Manager' s office within seven days of receipt by the subscriber of grantee' s written response. The decision of the committee shall be final. E. A copy of this section shall be furnished to each complaining subscriber at the time of grantee' s written response to the complaint. Prior Code 613- 21; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 210 Cable Television Review Committee

There is established a cable television review committee. It consists of the City Manager, one other City staff member and three citizens. The three citizen members shall be appointed by the City Council for one- year terms, commencing July 1. The committee shall establish rules and regulations for meeting and hearing appeals. Prior Code 613- 22; Ord. No. 80- 20, Amended 1/ 26/ 81)

Section 5. 28. 220 Publication Expense

Grantee shall pay to City a sum of money sufficient to reimburse the City for all

publication expenses incurred by it in connection with the granting of this franchise; such payment shall be made within 30 days after City has furnished grantee with a written statement of such expenses. Prior Code 613- 23; Ord. No. 80- 20, Amended 1/ 26/ 81)

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Chapter 5. 30

Regulation of State Video Franchise Holders

Sections:

5. 30. 010 Purpose and Authority
6. 30. 020 Definitions
7. 30. 030 State Video Franchise Applications
8. 30. 040 State Video Franchise Fee
9. 30. 050 State Video PEG Fee
10. 30. 060 Audit Authority
11. 30. 070 Customer Service Penalties; Appeals

Section 5. 30. 010 Purpose and Authority

A. It is the purpose of this chapter to regulate video service providers holding state

video franchises and operating within the city. The California Public Utilities Commission has the sole authority to grant state video franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 (" DIVCA"). Pursuant to DIVCA, the City of Vista shall receive a franchise fee and shall receive a fee for public, educational and government ( PEG) purposes from all state video franchise holders operating within the city. B. City is entitled under DIVCA to establish and enforce penalties, consistent with state law, against all state video franchise holders operating within the city for violations of customer service and protection standards established by the state. C. All current cable franchises in place shall remain in full force and effect until such time as the cable franchise terminates or expires. Ord. No. 2011- 9, Enacted 11/ 8/ 11; Ord. No. 2017- 5, Reenacted 4/ 25/ 17)

Section 5. 30. 020 Definitions

Gross revenue" for the purpose of this chapter shall have the same definition as set forth in California Public Utilities Code § 5860. Material breach" for the purposes of this chapter shall have the same definition as set forth in California Public Utilities Code § 5860. PEG" shall mean public, educational and governmental access. PUC" shall mean the California Public Utilities Commission. Ord. No. 2011- 9, Enacted 11/ 8/ 11; Ord. No. 2017- 5, Reenacted 4/ 25/ 17)

Section 5. 30. 030 State Video Franchise Applications

A. Applicants for state video franchises within the boundaries of the city must

concurrently provide to the City Clerk a complete copy of the application or amendment( s) to an application filed with the California Public Utilities Commission. B. Within 30 days of receipt of the application or amendments, the City Manager shall provide any appropriate comments to the PUC regarding an application or an amendment to an application for a state video franchise. Ord. No. 2011- 9, Enacted 11/ 8/ 11; Ord. No. 2017- 5, Reenacted 4/ 25/ 17)

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Section 5. 30. 040 State Video Franchise Fee

For any state video franchise holder operating within the boundaries of the city, there

shall be a fee paid to the City equal to five percent of the gross revenue of that state video franchise holder. Ord. No. 2011- 9, Enacted 11/ 8/ 11; Ord. No. 2017- 5, Reenacted 4/ 25/ 17)

Section 5. 30. 050 State Video PEG Fee

For any state video franchise holder operating within the boundaries of the city, there

shall be an additional fee paid to the City equal to one percent of the gross revenue of that state video franchise holder, which fee shall be used by the City for PEG channel facility purposes consistent with state and federal law. Ord. No. 2011- 9, Enacted 11/ 8/ 11; Ord. No. 2017- 5, Reenacted 4/ 25/ 17)

Section 5. 30. 060 Audit Authority

Not more than once annually, the City Manager or his designee may examine and

perform an audit of the business records of a holder of a state video franchise to ensure compliance with Section 5. 30.040. Ord. No. 2011- 9, Enacted 11/ 8/ 11; Ord. No. 2017- 5, Reenacted 4/ 25/ 17)

Section 5. 30. 070 Customer Service Penalties; Appeals

A. The holder of a state video franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service. B. The City Manager shall monitor the compliance of state video franchise holders with respect to state and federal customer service and protection standards. The City Manager shall provide the state video franchise holder written notice of any material breaches of applicable customer service standards. Such notice will provide the state video franchise holder 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period shall be subject to the following penalties to be imposed by the City: 1. A penalty of $ 500 shall be imposed for each day that each material breach remains in effect, not to exceed $ 1, 500 for each material breach. 2. If a material breach of the same nature occurs within 12 months after a notice and fine has been assessed, a penalty of$ 1, 000 shall be imposed for each day that each material breach remains in effect, not to exceed $ 3, 000 for each material breach. 3. If a third or further material breach of the same nature within 12 months after a notice and fine has been assessed, a fine of $ 2, 500 shall be imposed for each day the violation remains in effect, not to exceed $ 7, 500 for each violation. C. A state video franchise holder may appeal a penalty assessed by the City Manager to the City Council within 60 days of the initial assessment. The City Council shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The City Council' s decision on the imposition of a penalty shall be final. Ord. No. 2011- 9, Enacted 11/ 8/ 11; Ord. No. 2017- 5, Reenacted 4/ 25/ 17)

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Chapter 5. 32

Cable Communications

Sections:

5. 32. 010 Short Title
6. 32. 020 Definitions
7. 32. 030 Franchise Grant - Authority
8. 32. 040 Franchise Grant - Incorporation by Reference
9. 32. 050 Franchise Grant - Nature and Extent
10. 32. 060 Franchise Grant - Duration
11. 32. 070 Construction of Franchise - Interpretation
12. 32. 080 Construction of Franchise - Limitations upon Grant
13. 32. 090 Construction of Franchise - Rights Reserved to City
14. 32. 100 Franchising Procedures - Initial Application
15. 32. 110 Franchising Procedures - Replacement Franchise
16. 32. 120 Franchising Procedures - Franchise Acceptance
17. 32. 130 Franchising Procedures - Transfer or Assignment
18. 32. 140 System Design, Construction and Technical Performance Standards
19. 32. 150 System Design, Construction and Technical Performance Standards - Compatibility
20. 32. 160 System Design, Construction and Technical Performance Standards - Preventative Maintenance
21. 32. 170 System Design, Construction and Technical Performance Standards — Proof of Performance
22. 32. 180 System Design, Construction and Technical Performance Standards - Corrective Maintenance
23. 32. 190 Construction - Permits
24. 32. 200 Construction - Generally
25. 32. 210 Construction - Underground Facilities
26. 32. 220 Construction - System Extension
27. 32. 230 Construction - Conditions on Street Occupancy
28. 32. 240 Construction - Street Work
29. 32. 250 Changes Required by Public Improvement
30. 32. 260 Removal or Abandonment of Grantee Property
31. 32. 270 System Maintenance
32. 32. 280 Safety Requirements
33. 32. 290 Operation and Service - Service Area
34. 32. 300 Operation and Service - Establishment of Service
35. 32. 310 Operation and Service - Basic System Capability
36. 32. 320 Operation and Service - Local Origination and/ or Access
37. 32. 330 Operation and Service - Municipal Services
38. 32. 340 Operation and Service - Interconnection
39. 32. 350 Operation and Service - Emergency Service
40. 32. 360 Operation and Service - Subscriber Service
41. 32. 370 Operation and Service — Subscribers' Privacy
42. 32. 380 Rates and Charges - Federal and State Preemption
43. 32. 390 Rates and Charges - Procedure for Change of Rates and Charges
44. 32. 400 Rates and Charges - Standards

45. 32. 410 Compensation and Guarantee to the City - Franchise Fee

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5. 32. 420 Compensation and Guarantee to the City - Public Liability and Property Damage Insurance
6. 32. 430 Compensation and Guarantee to the City - Worker' s Compensation
7. 32. 440 Compensation and Guarantee to the City - Faithful Performance Bond
8. 32. 450 Compensation and Guarantee to the City - Security Fund
9. 32. 460 Compensation and Guarantee to the City - Indemnification to City
10. 32. 470 Inspection of Property and Records - Examination of Property
11. 32. 480 Inspection of Property and Records - Reports, Records and Plans
12. 32. 490 Adoption of Rules and Regulations
13. 32. 500 Amendment of this Chapter and the Franchise
14. 32. 510 Notices
15. 32. 520 Violations
16. 32. 530 Fines and Penalties

Section 5. 32. 010 Short Title

This chapter shall be known as the " Vista Cable Communications Ordinance."

Prior Code 6C- 1; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 020 Definitions

For the purposes of this chapter, the following terms, phrases, words, abbreviations, and

their derivations shall have the meanings given in this section. 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. Applicant" means any person or corporation submitting an application for a cable communications franchise. Basic Service" means that service regularly provided to all subscribers that includes, but is not necessarily limited to, the retransmissions of local broadcast television signals, and public, educational and governmental access programming as may be required by the terms and conditions of a franchise issued under this chapter. Cable Communications System" or " CATV System" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes, but is not limited to, video programming which is provided to subscribers and other appropriate users within the city. Channel" means a six megahertz ( MHz) frequency band, which is capable of carrying either one standard audio/ visual television signal, or a number of audio, digital or other non-

video signals. City" means the City of Vista, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. or " Access Channel" means any channel or portion of Community Access Channel" a channel utilized for programming on a nonprofit basis. Council" means the present governing body of the City or any future board constituting the legislative body of the City. Federal Communications Commission" or " FCC" means the present federal agency of that name as constituted by the Communications Act of 1934, or any successor agency created by the United States Congress. Franchise" or " Franchise Agreement" means any authorization granted under the provisions of this chapter in terms of a franchise, privilege, permit, license, or otherwise to construct, operate and maintain a cable communications system in the city.

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Grantee" means the person, firm or corporation to whom or which a franchise, as

defined in this section, is granted by Council under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation. Grantor" means the City of Vista acting through its Council. Gross Revenues" means any and all revenues, directly or indirectly received by grantee from its Vista cable communications system, not including any taxes on services furnished by the grantee, which taxes are imposed directly on a subscriber or user by a city, county, state or other governmental unit, and collected by the grantee for such entity. Institution" means a building or buildings, facility or facilities, where service may be utilized in connection with business, trade, profession, public agency or service, school or nonprofit organization. Institutional Network" means a cable communications network designed principally for the provision of non- entertainment interactive services to businesses, schools, public agencies, or other nonprofit agencies for use in connection with the ongoing operations of such institutions. Institutional Services" means services delivered on the institutional subscriber

network. Institutional Subscriber" means a place of business, public agency, school, or nonprofit corporation receiving institutional services on the institutional subscriber network. Interactive Services" means services provided to subscribers where the subscriber

either: 1. Both receives information consisting of either television or other signals and transmits signals generated by the subscriber or equipment under his/ her control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose; or 2. Transmits signals to any other location for any purpose. Leased Access Channel" means any channel or portion of a channel available for programming for a fee or charge by persons or entities other than the grantee. Local Origination Channel" means any channel or portion of a channel where the grantee is the only designated programmer, and which is utilized to provide television programs to subscribers. Premium" or " Pay- TV Service" means pay- per- program, pay- per- channel, or subscription cable service, i. e., delivered to subscribers for a fee or charge over and above the regular charges for basic service. Public Access Channel" means any channel or portion of a channel where any member of the general public may be a programmer on a first-come, first-served basis, subject to appropriate rules formulated by the City and/ or the grantee. Residential Network" means a cable communications network designed principally for the delivery of entertainment, community access and/ or interactive services to individual dwelling units. Residential Services" means services delivered on the residential network. Residential Subscriber" means a subscriber who receives residential services on the

residential network. Street, Public Ways or Rights- of- Way" means the surface of and the space above and below any public street, avenue, road, highway, freeway, boulevard, lane, concourse, driveway, bridge, tunnel, park, parkway, sidewalk, waterway, dock, pier, alley, court, right- of- way, public utility easement, or any other public place, ground or water, now or hereafter existing within the city. Subscriber" means any person or institution that elects to subscribe to, for any purpose, a service provided by the grantee by means of or in connection with the cable communications system whether or not a fee is paid for such service.

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Tapping" means the observing of a communications signal exchange where the

observer is neither of the communicating parties, whether the exchange is observed by visual or electronic means, for any purpose whatsoever. Prior Code 6C- 2; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 030 Franchise Grant - Authority

It is unlawful to engage in or commence construction, operation, or maintenance of a

cable communications system without a franchise issued under this chapter. The Council may, by ordinance, award a nonexclusive franchise to construct, operate, and maintain a cable communications system within all or any portion of the city to any person, whether operating under an existing franchise or not, who makes application for authority to furnish a cable communications system which complies with the terms and conditions of this chapter. Provided, that this section shall not be deemed to require the grant of a franchise, other than as stipulated in federal law, to any particular person or to prohibit the Council from restricting the number of grantees should it determine such a restriction would be in the public interest. Any franchise for the construction, maintenance and operation of cable television systems using the public streets, utility easements, other public rights- of-way or places shall conform to the provisions of this chapter. Prior Code 6C- 3. 1; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 040 Franchise Grant - Incorporation by Reference

A. The provisions of any request for proposals ( RFP) issued under the provisions of

this chapter, including any minimum system and services specifications set forth therein, may be incorporated by reference in any franchise agreement approved under this chapter. B. The provisions of any franchise application or proposal submitted and accepted by the City may be incorporated by reference in the applicable franchise. Prior Code 6C- 3. 2; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 050 Franchise Grant - Nature and Extent

Any franchise granted under the provisions of this chapter by the City authorizes the grantee, subject to the provisions contained in this chapter: A. To engage in the business of operating and providing cable communication service and the distribution and sale of such service to subscribers within the city. B. To erect, install, construct, repair, replace, reconstruct, maintain, and retain in, on, over, under, upon, across, and along any street, such amplifiers and appliances, attachments, supporting structures, and other property as may be necessary and appurtenant to the cable communications 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. C. To maintain and operate said franchise properties for the origination, collection, transmission, amplification, distribution, and reception of electrical or radiant energy. Prior Code 6C- 3. 3; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 060 Franchise Grant - Duration

A. A franchise shall be effective on the 31s' day after approval of the franchise

agreement, provided that the grantee has filed, within 20 days after such effective date, a

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written instrument, addressed to the Council, accepting a franchise, together with the insurance policies and bond required by Sections 5. 32. 420 through 5. 32.440 of this chapter, agreeing to comply with all of the provisions of this chapter. B. Franchise duration is as set forth in the franchise agreement. A franchise expires upon passage of such franchise duration commencing with grantee' s acceptance of franchise award unless sooner terminated by ordinance pursuant to the terms of this chapter, and in accordance with the terms and conditions set forth in the franchise agreement, which incorporates the terms and conditions of this chapter by reference. C. 1. The Council 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, specification, or limitation contained in this chapter, or other applicable rule or regulation of the Council or City Manager lawfully adopted pursuant to this chapter. 2. The City Manager may make written demand that the grantee comply with any such requirement, limitation, term, condition, rule, or regulation. Such demand shall set forth the exact nature of the grantee' s alleged noncompliance. If the failure, refusal, or neglect continues after notice for an unreasonable period of time, determined as such by Council, following such written demand, the City Manager may place the 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 30 days prior to the date of such Council meeting, a written notice of the intent to request such termination, and the time and place of the meeting. 3. The Council shall consider the request of the City Manager and shall hear any persons interested therein, and shall determine, whether or not any failure, refusal, or neglect by the grantee was with just cause. 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. 4. If the Council determines such failure, refusal, or neglect by the grantee was without just cause, then the Council may, after public hearing, by ordinance, declare that the franchise with such grantee shall be terminated and forfeited, and grantee shall be required to sell all interests and title in all of its plant and system operated under the franchise including any rights under the unexpired portion of the franchise. 5. Nothing in this section is intended to deprive or limit grantee' s rights to the protection of due process of law, both procedural and substantive, nor to limit grantee' s rights as provided for by federal and state law. purchase, or require any D. 1. In the event of termination, the City may successor grantee to purchase grantee' s facilities at a cost not to exceed its then- fair market value ( not depreciated book value). The purchase price shall be reduced for uncompensated damages incurred by the City in connection with the grantee' s operation, as determined by a court of competent jurisdiction. In the event the parties are unable to agree on the fair market value of grantee' s system as specified above, grantee and the purchaser each shall select one qualified appraiser experienced in the evaluation of cable communications systems. 2. The two selected appraisers shall select a third appraiser. The three appraisers shall be employed to determine the fair market value of grantee' s system. The fair evaluation shall be the average of the three evaluations of the appraisers. The appraisers shall be directed to reach their determination within 30 days. Grantee and the purchaser shall each pay 50 percent of the costs of employing such appraisers. 3. In the event of a material breach resulting in a termination of the franchise in accordance with the provisions in this section, the term " fair market value" shall not include the rights granted pursuant to the franchise. E. Nothing in this section shall be deemed or construed to impair or affect, in any way or to any extent, the right of the City to acquire the property of the grantee through the

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exercise of the right of eminent domain, nor any other of the rights of the City under the franchise or any provision of law. F. In the event of any holding over after expiration or other termination of any franchise granted hereunder, the grantee shall pay to the City all fees consistent with the provisions in this section as if there had not been such holding over and as if the terms and conditions of the franchise continued in full force and effect. In the event of any such holding over, in direct contravention by grantee of a final valid order of the City expressed by resolution and affirmed by a court of competent jurisdiction, upon notice requiring grantee to cease and desist all operations upon a certain date, then and in that event, the grantee shall pay to the City, reasonable compensation and damages of not more than 50 percent of its gross revenue derived from all sources within the city during said period. Prior Code 6C- 3. 4; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 070 Construction of Franchise - Interpretation

Unless otherwise specifically prescribed in this chapter, the following provisions shall govern the interpretation and construction of a franchise: A. Time is of the essence. Neither the grantee nor the City shall be relieved of its obligation to promptly comply with any provision of this chapter, or with the ordinance granting the franchise, by failure of the City or the grantee to enforce prompt compliance with the same or any other provision. B. Any right or power conferred, or duty imposed upon any officer, employee, department, or board of the City, is subject to transfer by operation of law to any other officer, employee, department, or board of the City. C. The grantee shall have no recourse whatsoever against the City for any loss, costs, expense, or damage arising out of any provision or requirement of a franchise or the lawful enforcement thereof. D. A franchise does not relieve the grantee of any requirement of the City or of any ordinance, rule, regulation, or specification of the City, including, but not limited to, any requirement relating to street work, street excavation permits or the use, removal, or relocation of property in streets. E. The granting of a franchise, or any of the provisions contained in this chapter, shall not be construed to prevent the City from granting any identical or similar franchise to any person or corporation other than the grantee, so long as such other franchise includes essentially the same material terms and conditions of any franchise previously issued under this chapter. Prior Code 6C- 4. 1; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 080 Construction of Franchise - Limitations Upon Grant

A. No privilege or exemption is granted or conferred by a franchise except those

specifically prescribed in this chapter. B. Any privilege claimed under a franchise by the grantee in any street is subordinate to any prior lawful permanent occupancy of the street. The City reserves the right to reasonably designate where a grantee' s facilities are to be placed within the public ways. C. A franchise is a privilege to be held in personal trust by the original grantee. It cannot in any event be transferred in part, and it is not to be sold, transferred, leased, merged, assigned, or disposed of as a whole, either by forced sale, merger, consolidation, or otherwise, without prior consent of the City expressed by resolution, and then only under such conditions as may be therein prescribed; provided, however, that no such consent shall be unreasonably

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withheld, nor be required for any intercorporate transfer, or for any transfer in trust, mortgage, or other hypothecation, as a whole, to secure an indebtedness. D. The grantee shall at all times comply with all applicable present and future rules of the Federal Communications Commission. E. A grantee shall, at all times during the life of its franchise, be subject to the lawful exercise of the City's police power and such reasonable regulations as the Council may subsequently promulgate thereunder. F. Nothing contained in this chapter shall be deemed to prohibit in any way the right of the City to provide, for consideration, rights, or privileges in addition to those set forth in Section 5. 32. 050. G. Any 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 the public ways. H. Whenever, in the judgment of the grantor, it is deemed impracticable to permit erection of poles or construction of underground conduit system by any utility which may at the time have authority to construct or maintain a conduit or poles in street area, the grantor may, where not inconsistent with good engineering practices, require the grantee to afford to such utility the right to use such poles or facilities of the grantee as the grantor finds practicable in common with the grantee, both as they may agree upon, but in case they fail to agree within a reasonable time, then upon such terms, conditions, and regulations governing the same as the grantor may determine to be just and reasonable. Grantee may impose reasonable conditions and fees for such use. I. Any franchise granted shall be in lieu of any and all other conflicting rights, privileges, powers, immunities and authorities owned, possessed, controlled, or exercisable under other City law or regulation by grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation, or maintenance of any cable communications system in the city, and shall be construed 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 communications system in the city shall be, and shall be deemed and construed in all instances and respects to be under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever. J. No franchise shall authorize use of any public property other than public right- of- way and public utility easements owned by the City, unless such franchise or subsequent resolution of the Council expressly authorizes such other public property. K. Grantee is subject to all provisions of the other ordinances, rules, regulations, and other provisions of the City heretofore or hereafter adopted, including, but not limited to, those pertaining to works and activities in, on, over, under, and about public rights-of-way. L. Any privilege claimed, under such franchise granted, in any public right- of-way or other public property is subordinate to the public use thereof. M. Grantee is subject to the provisions of general laws of the State of California or as hereafter amended, when applicable to the exercise of any privilege contained in any franchise granted pursuant to this chapter, including, but not limited to, those pertaining to works and activities in and about state highways. N. Grantee is prohibited from directly or indirectly doing any of the following: 1. Soliciting, referring or causing or permitting the solicitation or referral of any subscriber to persons engaged in any business prohibited in this chapter to be engaged in by grantee. 2. Providing information concerning the viewing patterns of identifiable subscribers to any group, organization, or person for any purposes.

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3. Install, maintain, or operate on any television set a coin box or any other

device or means for on- site collection of money for individual programs. O. If the Federal Communications Commission or any other federal or state body or agency now or hereafter exercises any paramount jurisdiction over the subject matter of any franchise granted, then to the extent such jurisdiction preempts or precludes the exercise of like jurisdiction by the City, the jurisdiction of the City shall cease and no longer exist. P. The preemption or preclusion of the exercise by the City of any of its police power shall not diminish, impair, or affect any other contractual benefit to the City or grantee nor any contractual obligation of the grantee under the franchise granted. Q. Any and all minimum standards governing the operations of grantee and any and all minimum rates, ratios, and charges specified in any franchise granted, existing now and at any time in the future, including such time as any paramount jurisdiction preempts or precludes that of the City, and any and all rights, powers, privileges, and authorities of the City to determine, establish, or fix any of the same, are each and all declared by the City and by any grantees accepting any franchise to be contractual in nature and to be for the benefit of the City. R. The form of the grantee' s contract with the subscriber shall also be subject to review and comment by the City. S. It is not the City' s intention to prohibit the erection or controlled use of individual television antennas, and no one is or will be required to receive cable communications service

or connect with a cable communications system. T. Should the grantee ever fail to pay any sum of money to the City, owed to the City under provisions of this chapter, or the franchise ordinance, when such sum becomes due and payable, grantee shall pay interest to the City on the delinquent sum, until it is fully paid at two interest points above the prime rate of interest charged in the San Diego area as calculated by the City. U. A franchise to proceed with operation, or construction and operation, of a cable communications system shall not be construed as any limitation upon the right of the City to grant to other persons or corporations, rights, privileges, or authority in the same or other streets, alleys, public highways, public places, or other public rights-of-way by agreement, franchise, permit, or otherwise. Prior Code 6C- 4. 2; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 090 Construction of Franchise - Rights Reserved to City

There is provided and reserved to the City every right and power which is required to be

in this chapter reserved or provided by any provision of the City or its ordinances, as amended, and the grantee, by its acceptance of a franchise, agrees to be bound thereby and to comply with any action or requirement of the City in its exercise of any such right or power. A. Neither the granting of a franchise nor any provision of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the City, including regulation of subscription rates as permitted by law. B. Nothing in this chapter and/ or in the franchise shall be deemed or construed to impair or affect, in any way, to any extent, either by purchase or through the exercise of the right of eminent domain, if any, at a fair and just value, which shall not include any amount for the franchise itself or any of the rights or privileges granted thereby, and nothing contained in this chapter shall be construed to contract away or to modify or abridge, whether for a term or in perpetuity, the City' s right of eminent domain. C. There is reserved to the City every right and power which is required to be reserved or provided by law, and the grantee, by its acceptance of the franchise, agrees to be bound thereby and to comply with any action or agreements of the City in its exercise of such rights and power, theretofore or thereafter enacted or established.

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D. Neither the granting of the franchise nor any provision thereof constitutes a waiver or bar to the exercise of any governmental right or power of the City. E. 1. The City Manager and the City Attorney, with the approval of the Council, are authorized to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under the franchise( s), either on behalf of the City, the grantee or any subscriber, in the best interest of the public. 2. The City reserves to itself the right to intervene in any suit, action, or proceeding involving any provision of this chapter and/ or grantee' s franchise. The Council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and/ or grantee' s franchise, and may determine any question of fact which may arise during the existence of any franchise granted. F. The City at its option, when for reasonable cause as determined by the Council, may require that the annual proof-of-performance tests, addressed in Sections 5. 32. 140 through 5. 32. 180 of this chapter, be conducted or observed by a qualified member of the City' s staff or its designated representatives. The City reserves the right to have the measurements associated with the City observed performance tests conducted at City selected points and at a greater, but reasonable, number of test points than the minimum required by Section 76.601 of the FCC Rules. G. Any delegable right, power, or duty of the Council, the City or any officials of the City may be transferred or delegated to an appropriate officer, employee, or department of the City. H. The City reserves the right to negotiate other reasonable technical and operational performance standards for system franchises granted pursuant to this chapter. Grantee shall have the duty to negotiate in good faith with the City. I. The City reserves the right to enact reasonable regulations pertaining to any franchise granted pursuant to this chapter which may include, but are not limited to: 1. Construction and use of poles 2. Use of poles and conduits by the City 3. Common user 4. Filing of pole user agreement 5. Reservation of street rights 6. Restoration of streets 7. Movement of facilities J. Subject to federal and state law, the City reserves the right to further regulate the conduct of the grantee in regard to the privacy and property rights of private citizens. Such regulations may include, but are not limited to, the security of all records maintained by the grantee containing privacy sensitive information, personnel practices relating to such records and any other matters related to privacy and individual rights. K. The City reserves the right to maintain, or establish and maintain, a cable communications advisory committee to assist the Council in regulating cable activity in the city. The members and duties of any such committee, if any, are to be as established by the Council. L. The City reserves the right to join with one or more of the other local area city and/ or county governments in the formation and operation of an intergovernmental administrative authority for the purpose of joint administration of the cable communications franchises of the various members of the joint authority. The City reserves the right to assign the administration of the provisions of any franchise granted pursuant to this chapter to such a duly established joint authority, and to join with other members of the authority in developing such intergovernmental agreement bylaws, rules and regulations as necessary for the proper administration of the joint authority. M. Should the State of California, or any agency thereof, or the federal government or agency thereof subsequently require the grantee to act in a manner which is inconsistent with

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any provisions of this chapter, franchise ordinance, or associated resolutions and orders, the grantee shall notify the City immediately. Upon receipt of such notification, the City shall determine if a material provision of the franchise is affected. Upon such determination, the City has the right to modify or amend any of the sections of the franchise to such reasonable extent as may be necessary to carry out the full intent and purpose of this chapter. In the event that the City determines that substantial and material compliance with the original proposed terms of the franchise has been frustrated by such state or federal government requirement, grantee shall renegotiate in good faith with the City alternate franchise provisions in accordance with federal and state law. N. No grantee nor any major stockholder of a grantee shall directly or indirectly use the position as cable grantee to gain a competitive advantage in the business of selling, leasing, renting, servicing, or repairing radio or television sets or receivers or parts thereof, or data access and transfer equipment not originally provided to subscribers by grantee which makes use of entertainment and information signals, provided that nothing therein shall prevent grantee from making modifications to the tuner input circuit of the subscribers' communications transmitters and/ or receivers, and the fine tuning of the subscribers' operating controls only, to ensure proper operation under conditions of cable connection at the time of installation, or in repairing receivers and other equipment belonging to other cable operators for use in the conduct of their business. O. The City has the right, free of charge, of installing, maintaining, and operating, upon antenna towers, poles, and in conduit of the grantee, coaxial cable, wire, fixtures, and appurtenances necessary for a city communications system; provided that it is practical, that it is installed according to standard engineering practice, and that such equipment is installed, maintained and operated so as not to interfere with property or operations of the grantee. Grantee shall be held harmless from any responsibility for damage to City equipment resulting from grantee' s normal use and operation of grantee' s equipment. Grantee shall not be responsible for any damage without his/ her fault resulting to the signs, wires, cables, or property of the City from such use by the City. P. To the extent permitted by federal and state law, any intrastate interconnection of interactive services between the system operated by grantee and any other system is subject to the regulatory authority of the City. Q. The reservation of any particular right shall not be construed to limit the promulgation of any other reasonable rules and regulations. Prior Code 6C- 4. 3; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 100 Franchising Procedures - Initial Application

A. This chapter itself grants no authority to operate a cable communications system to any person( s). Such grants are made only by the adoption of a separate ordinance awarding a specific franchise to an applicant who has complied with the provisions of this chapter. B. Each application for a franchise, not including application for replacement or renewal of franchises, to construct, operate, or maintain any cable communications system( s) in this city shall be filed with the City Clerk and shall contain or be accompanied by the following, as a minimum: 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 and to whatever extent required by the City: a. The names, residence, and business addresses of all officers, directors, and associates of the applicant.

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b. The names, residence, and business addresses of all officers, persons, and entities having, controlling or being entitled to have or control one percent or more of the ownership of the applicant and the respective ownership share of each person or entity. C. 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 television systems owned or controlled by the applicant, its parent and subsidiary, and the areas served thereby. d. A detailed description of all previous experience of the applicant in providing cable television communications system service in related or similar fields. e. A detailed and complete financial statement of the applicant. f. A statement identifying, by place and date, any and all cable television franchises awarded the applicant, or its parent or subsidiary; the status of said franchises with respect to completion thereof; the total cost of such systems; and the amount of applicant' s and its parent's or subsidiary' s resources committed to the completion thereof. 3. A thorough, detailed description of the proposed cable communications system and plan of operation of the applicant which shall include, but not be limited to, the following: a. A detailed map indicating 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. b. 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 adopted by the rules and regulations of the FCC ( contained in Title 47, Subpart K, Sections 76. 601 et seq.), and as may be augmented and modified by the franchise awarded. C. A detailed estimate of the cost of constructing the applicant' s proposed system. d. A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber. e. 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. f. 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. 4. A copy of any agreement existing between the applicant and any public utility subject to regulation by the California Public Utilities Commission providing for the use of any facilities of the public utility, including, but not limited to, poles, lines, or conduits within the city and/ or adjacent areas. 5. Any other details, statements, information or references pertinent to the subject matter of such application which are required or requested by the Council, or by any provision of any other ordinance of the City. 6. An application fee in a sum to be set by the City 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 thereof and not returnable or refundable in whole or in part, except to the extent that such fee exceeds the actual costs incurred by the City in studying, investigating, and otherwise processing the application; provided, that any applicant who shall deliver to the City Clerk a written withdrawal

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of or cancellation of any application following the date such application is received by the City Clerk, shall be entitled to have returned and refunded the sum of 50 percent of the fee less any actual costs or expenses incurred by the City by reason of such application. C. Except as may be preempted by federal and/or state law, the Council may, by advertisement or otherwise, solicit for any other applications for cable communications system franchises, and may determine and fix any date upon, after, or before which the same shall be received by the City, or the date before 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. D. Upon receipt of any application for franchise, the Council shall refer the same to or cable communications advisory committee, if such exists, who shallthe City Manager prepare a report and make recommendations respecting such application, and cause the same to be completed and filed with the Council within 120 days. E. In making any determinations under the provisions of this chapter as to any application, the Council shall give due consideration to the character and quality of the service proposed, rates to subscribers, 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 conditions, franchise limitations and requirements, and any other considerationby policy deemed pertinent by the Council for safeguarding the interest 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. F. If the Council, after public hearing, determines to reject such application, such determination is final and conclusive, and the same shall be deemed rejected. G. If the Council determines to further consider the application, the following shall be done: 1. The Council shall decide and specify the terms and conditions of any franchise to be granted under this chapter and as provided in this chapter. 2. The Council shall give notice of its intention to consider the granting of such a franchise, stating the names of the proposed grantee, and that copies of the proposed franchise may be reviewed at the Office of the City Clerk, fixing and setting forth a time and public place certain when and where interested parties may inspect all the bona fide applications, 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 to publish notice of said resolution' s adoption at least once within ten days of the passage thereof in a newspaper of general circulation within the city. H. At the time set for the hearing, or at any adjournment thereof, the Council shall proceed to hear all written protests. Thereafter, the Council shall make one of the following determinations: 1. That such franchise be denied. 2. That such franchise be granted upon such conditions as the Council deems appropriate, which conditions may include, on a not- to- exceed basis, where in accordance with applicable federal and state regulations and laws: a. Charges for installation b. Subscriber rates C. Service rates for separate classifications of service such as

additional connections.

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I. If the Council determines that a franchise be denied, such determination shall be

expressed by resolution. If the Council determines that a franchise be granted, such ordinance granting a franchise to the applicant. The actiondetermination shall be expressed by of the Council shall be final and conclusive. J. The grantee, within 30 days of receipt of written notification by grantor following franchise award, upon initial franchise award and any renewal thereof, shall pay to the City a sum of money to reimburse the City for all expenses incurred by the provisions of this chapter regarding the franchise award or renewal process, beyond those defrayed by application fees. The City shall furnish grantee a statement of such expenses with the notification. Prior Code 6C- 5. 1; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 110 Franchising Procedures - Replacement Franchise

A. The service provided by the grantee under a franchise may be required to

continue uninterrupted beyond the expiration or cancellation of a franchise, but not for longer than 24 months thereafter. Except as may be preempted by federal or state law at the time approaching franchise expiration, to assure continued service to the subscribers, the City shall issue a request for proposals for a replacement franchise not later than 24 months prior to expiration of a franchise. The RFP shall include the minimum acceptable level of system capability, services, rates, access, etc., as determined by the City, to meet the needs of the Vista community. If the Council deems grantee' s past performance to warrant consideration for franchise renewal, then the City shall provide grantee first right of refusal in accepting the franchise offered. However, if the Council deems grantee' s past performance to not warrant such consideration, or if grantee elects to not accept the franchise offered under its first right of

refusal, then the City may solicit other applications with the understanding that no further consideration will be given to awarding the incumbent grantee a replacement franchise. B. Franchises will normally not be renewed for periods in excess of 15 years, and may be renewed prior to expiration of an existent franchise in accordance with the procedures set forth in Subsection A of this section. C. If the City Council elects to provide the incumbent grantee the first right of refusal addressed in Subsection C of this section, then the RFP issued by the City shall advise other potential applicants accordingly, and will provide for the full return of any application fee received from an applicant other than the incumbent in the event the incumbent accepts the franchise offered and the other applicant( s) withdraws. D. If the City Council after public hearing elects to not consider the incumbent grantee for a replacement franchise, then it shall do so by resolution after public hearing and prior to issuance of an RFP for the replacement franchise. The City shall not arbitrarily or unreasonably deny consideration of the incumbent grantee, nor shall consideration be denied for reasons outside grantee' s reasonable control. However, if the City does so elect, the City may purchase or require any successor grantee to purchase grantee' s facilities for a cost not to exceed its fair market value, with a reduction for any uncompensated damages incurred by the City in connection with grantee' s operation as determined by a court of competent jurisdiction. Fair market value to be determined in accordance with the process set forth in Section 5. 32. 060 D of this chapter. The parties shall divide expenses of arbitration, if any, evenly among themselves. E. Upon request of the grantee, or the City, the grantee and the City shall alternatively conduct renewal procedures under applicable provisions of the Federal law. Prior Code 6C- 5. 2; Ord. No. 87- 30, Amended 8/ 24/ 87)

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Section 5. 32. 120 Franchising Procedures - Franchise Acceptance

A. No franchise granted under this chapter shall become effective for any purpose unless and until written acceptance thereof, together with the bond and insurance policies and deposits required by Sections 5. 32.420 through 5. 32. 450 of this chapter, have been filed with the City Clerk. Written acceptance, which shall be in the form and substance approved by the City Attorney, shall also be and operate as an acceptance of each and every term and condition and limitation contained in this chapter, and in such franchise, or otherwise specified as herein and therein provided. B. The written acceptance shall be filed by the grantee within 20 days after the effective date of the ordinance granting such franchise. In the event this day falls on a nonworking day, then the next working day will suffice. C. In default of the filing of such written acceptance as required in this section, 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. Except as may be provided by federal or state laws, the grantee shall have no rights, remedies, or redress in the premises, unless and until the Council, by resolution, determines that such acceptance be received or filed, and then upon such terms and conditions as the Council may impose. D. In any case, and in any instance, all rights, remedies, and redress which may or are 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. E. Any franchise granted and accepted under this chapter shall be in lieu of any and all other conflicting rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee and granted by the City, of or pertaining to the construction, operation, or maintenance of any cable communications system( s) in the city. Prior Code 6C- 5. 3; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 130 Franchising Procedures - Transfer or Assignment

grantee. The A. Any such franchise is a privilege to be held in personal trust by the franchise shall not be sublet or assigned, nor shall any rights or privileges therein granted or authorized be leased, assigned, mortgaged, sold, transferred, or disposed of either in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation, or otherwise, nor shall title thereto, either legal or equitable, or any right, interest, or property therein, pass to or vest in any person( s), except the grantee, either by act of the grantee or by operation of law, without the consent of the City expressed by ordinance. B. The grantee shall promptly notify the City of any proposed change in, or transfer of, or acquisition by, any other party of control of the grantee with respect to which the consent of the grantor is required, pursuant to Subsection A of this section. Such change of control shall make this franchise subject to revocation unless and until the Council has consented thereto. C. Consent of the Council shall not be granted until it has examined the proposed assignee' s legal, financial, technical, character, and other qualifications to construct, operate, and maintain a cable communications system in the city and has afforded all interested parties notice and an opportunity to be heard on the question. The grantee shall assist the City in any such examination. D. The said consent of the Council may not be unreasonably refused; provided, however, the proposed assignee must show financial responsibility as determined by Council and this chapter; and provided further, that no such consent is required for a transfer in trust, mortgage, or other hypothecation, in whole or in part, to secure an indebtedness, except that

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when such hypothecation exceeds by 50 percent of this market value of the property used by the grantee in the conduct of the cable communications system, prior consent of the Council is required for such transfer. E. In the event that grantee is a corporation, prior approval of the Council is required where there is an actual change in control or where ownership of more than 50 percent of the voting stock of grantee is acquired by a person or group of persons acting in concert, none of whom already own 50 percent or more of the voting stock, 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 Subsection C of Section 5.32.060. Nothing in the subsection is intended to preclude the intracorporate transfer by the grantee of a franchise issued pursuant to this chapter. F. Any such transfer or assignment shall be made by an instrument in writing, which shall include acceptance of all terms and conditions of the franchise, a duly executed copy of which shall be filed with the City Clerk within 30 days after any such transfer or assignment. Prior Code 6C- 5. 4; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 140 System Design, Construction, and Technical Performance Standards - Standards

Standards of cable communications system( s) design, construction, safety, and

operation will meet, but not be limited to, all applicable city, state and national/federal codes, rules, regulations and specifications referenced and/ or set forth in this chapter and the franchise agreement, including those documents incorporated therein by reference. Prior Code 6C- 6. 1; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 150 System Design, Construction, and Technical Performance Standards - Compatibility

All cable communications systems authorized to be constructed and/ or operated

pursuant to this chapter shall be, insofar as financially and technically feasible, compatible with another. Prior Code 6C- 6. 2; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 160 System Design, Construction, and Technical Performance Standards - Preventative Maintenance

A comprehensive routine preventative maintenance program shall be developed,

effected and maintained for each system by the respective grantee to ensure continued top quality cable communications operating standards in consonance with FCC Part 76 and the technical specifications stipulated in the franchise agreement. Prior Code 6C- 6. 3; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 170 System Design, Construction, and Technical Performance Standards - Proof of Performance

The services of a newly constructed system, or one that has undergone a major upgrade, shall not be offered for sale prior to proof-of-performance testing in accordance with FCC Part 76. 601 and technical specifications and standards as set forth in the franchise

agreement. Prior Code 6C- 6. 4; Ord. No. 87- 30, Amended 8/ 24/ 87)

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Section 5. 32. 180 System Design, Construction, and Technical Performance Standards - Corrective Maintenance

Grantee' s corrective maintenance program shall render efficient corrective service, make

repairs promptly, and interrupt subscriber service only for good cause and for the shortest possible time. Such interruptions shall be preceded by notice where practicable and shall occur during a period of minimum use of the system if feasible. A written log shall be maintained of all service interruptions. The log shall reflect the date, time, duration and reason for each service interruption. The record of the log shall be kept on file for a minimum of three years. Prior Code 6C- 6. 5; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 190 Construction - Permits

A. Within 30 days of acceptance of 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, encroachment permits, 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 television/ communications systems or associated microwave transmission facilities. B. In connection with Subsection A of this section, copies of all petitions, applications, and communications submitted by the grantee to the FCC, 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 communications operations, shall also be submitted simultaneously to the City Manager for information purposes. Prior Code 6C- 7. 1; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 200 Construction - Generally

A. Within 90 days after obtaining all necessary permits, licenses and authorizations, including right of access to poles and conduits, grantee shall commence system construction, extension, and/ or upgrade as appropriate under the franchise agreement. B. Within 240 days following franchise award, grantee shall proceed to render service to subscribers in accordance with its system construction, extension, and/ or upgrade commitments under the franchise agreement. The completion of the system construction, extension, and/ or upgrade shall be pursued with reasonable diligence thereafter, so that service to all of the areas designated and scheduled on the map and plan of construction made part of the franchise agreement shall be provided as set forth therein. C. 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 in this section, except as otherwise provided for in the franchise agreement, is grounds for termination of such franchise. By resolution and order, the Council, shall extend the time for the commencement and completion of construction, extension, and/ or upgrade for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control. D. The City has the right, free of charge, to make additional use, for any public or municipal purpose, of any poles, conduits or other similar facilities erected, controlled, or maintained exclusively by or for grantee in any street, provided such use by the City does not interfere with the use by grantee and is installed in accordance with standard engineering practices. Grantee shall be held harmless from any responsibility for damage to City equipment resulting from grantee' s normal use and operation of grantee' s equipment. Grantee shall not be

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responsible for any damage without his/ her fault resulting to the signs, wires, cables, or property of the City from such use by the City. E. 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 facilities whether on public property or on privately owned property unless and until first securing the written approval of the City' s Director of Public Works. F. In all sections of the city where wires, cables and other system appurtenances are mounted aboveground, every reasonable effort shall be made to minimize obstruction of the view of residents, and every reasonable effort shall be made to preclude an unsightly system installation. Prior Code 6C- 7. 2; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 210 Construction - Underground Facilities

A. Unless otherwise authorized by Council, in those areas and portions of the city where the transmission and/ or distribution facilities of the public utility providing telephone service, and those of the utility providing electric service, are underground or hereafter are placed underground, or are to be placed underground by a builder, developer or subdivider as part of a development or subdivision, then the grantee shall likewise construct, operate, and maintain all its transmission and distribution facilities underground to the maximum extent that existing technology permits the grantee to do so. B. In new developments or subdivisions, the developer shall be responsible for the performance of all necessary trenching and backfilling of main line and service trenches for the provision of cable television, including furnishing of any imported backfill material required. The developer will also be required to provide the grantee at least 90 days written prior notice, via certified mail, as to approximately when the trenches will be open and available to grantee. A copy of such notices will be sent, via regular mail to the City' s Director of Public Works. A second notice, more definitive as to timing of the opening of the trench, will be required at least 30 days before such opening. If the developer fails, without due cause, to properly notify grantee, then the City shall request the developer to reopen the trenches or grantee may seek compensation from the developer for any necessary construction, at cost of labor and materials only, and only for that portion exceeding standard costs incurred if the trench had been open. In the event the developer for reasons beyond his reasonable control, is unable to meet such timing of notices, and does, however, provide grantee the earliest practicable notice, then grantee shall make every reasonable effort to fully respond despite the lesser time in notification. If grantee does not, or is not able to so respond, then the City may require both parties to submit any resultant disagreement for cost of installation of plant to binding arbitration. Grantee is responsible for the conduct of the engineering and labor to put the cable conduit in the trench. Prewiring of new dwellings for cable television, to grantee' s specifications, by developer while under construction is mandatory, unless expressly approved to the contrary by Council. The grantee is responsible for pulling in the cable, and providing the plant electronics and drops to individual dwelling units, after occupancy. C. In those areas and portions of the city where utility service and/ or cable communications facilities are currently located underground, the grantee is responsible for the undergrounding of its cable facilities including the performance of all necessary trenching and backfilling of main line and service trenches, and furnishing of any imported backfill material required. D. Previously installed aerial cable shall be undergrounded in concert, and on a cost- sharing basis, with utilities pursuant to the general ordinances of the City or applicable state law, or in event such action is taken by all utilities, on a voluntary basis.

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E. Incidental appurtenances such as amplifier boxes and pedestal- mounted terminal

boxes may be placed aboveground, but shall be of such size and design and shall be so located as not to be unsightly or hazardous to the public. Prior Code 6C- 7. 3; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 220 Construction - System Extension

Grantee shall extend residential and institutional service ( the latter as set forth in the

franchise agreement) into every new subdivision and/ or development. The capacity to provide cable communications service shall be available to newly constructed structures on the date of first occupancy. Actual installation of service may be delayed up to 60 days from first occupancy or until after final grading, whichever is first. Those new areas having more dwelling units per strand mile of plant than the number stipulated in the franchise agreement, shall receive residential service for the normal installation fee. In those areas where the number of dwelling units per strand mile is less than the number stipulated in the franchise agreement, grantee will provide residential cable service on a pro rata basis, sharing the costs with the potential subscriber( s) as determined by a formulation set forth in the franchise agreement. Prior Code 6C- 7. 4; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 230 Construction - Conditions on Street Occupancy

A. Any pavements, sidewalks, curbing or other paved area taken up or any excavations made by a grantee shall be done under permits issued for the work by proper officials of the city, and under their supervision and direction, and shall be done in such a manner as to give the least inconvenience to the inhabitants of the city. A grantee shall, at its own cost and expense, and in a manner approved by the City' s Director of Public Works, replace and restore any such pavements, sidewalks, curbing, or other paved areas in as good a condition as before the work involving such disturbance was done and shall also make and keep full and complete plats, maps, and records showing the exact locations of its facilities located within the public streets, ways, and easements of the city. These maps shall be available for inspection at any time during normal business hours by City officials. B. A grantee shall, on the request of any person holding a building moving permit raise or lower its wires to permit the moving of buildings. Theissued by the City, temporarily expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the grantee has the authority to require such payment in advance. The grantee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes. Prior Code 6C- 7. 5; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 240 Construction - Street Work

A. Upon any failure of the grantee, in response to written reasonable notice from the

City, to commence, pursue, or complete any work required of it by law or by the provisions of a franchise to be done in any street, and after a reasonable time to effect a cure, the Council, at its option and according to law, may cause such work to be done and the grantee shall pay to the City the reasonable cost thereof in the itemized amounts reported by the Council to the grantee, within 30 days after receipt of such itemized report. B. In the event that any part of such system has been installed in any street or other area without complying with the requirements hereof and/ or the franchise award ordinance; or the use of any part of the system of grantee is discontinued for any reason for a continuous period of 30 days, without prior written notice to and approval by the City, and after reasonable

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opportunity to cure; or any franchise is terminated, cancelled, or expires, then the grantee shall, at the option of the City, and at the expense of grantee and at no expense to the City, 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' s Director of Public Works reasonably approves. Prior Code 6C- 7. 6; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 250 Changes Required by Public Improvement

The grantee, at his expense, shall protect, support, temporarily disconnect, relocate, or

remove any property of grantee when required by the Council 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, structures, or improvements by governmental agencies whether acting in a governmental or proprietary capacity, or any other structure of public improvement, including, but not limited to, movement of buildings, urban renewal and redevelopment, and any general program under which the City undertakes to cause all such properties to be located beneath the surface of the ground, provided, that grantee shall in all cases have the privileges and be under the obligations as to the abandonment of franchise property in place which are provided in Section 5. 32. 260. Prior Code 6C- 7. 7; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 260 Removal or Abandonment of Grantee Property

A. In the event the use of any grantee property is permanently discontinued, or no

franchise has been obtained therefore, and within 12 months after any lawful termination or expiration of a franchise, the grantee shall promptly remove from the streets all property involved, other than the Council may, at its sole option, permit to be abandoned in place. B. A permit to abandon in place must be obtained from the City' s Director of Public Works. Nothing in this section shall be deemed as taking of the property of grantee, and grantee shall be entitled to no surcharge by reason of anything under these provisions. C. Any property of the grantee remaining in place 15 months after termination or expiration of the franchise shall be considered permanently abandoned. The City's Director of Public Works may extend such time in one- month increments not to exceed two such extensions, or a total of 17 months. D. Grantee property to be abandoned in place shall be abandoned in such a manner as the Council shall prescribe. Upon abandonment of any franchise property in place, the grantee shall submit to the Council an instrument, satisfactory to the City Attorney, transferring to the City the ownership of such property. Prior Code 6C- 7. 8; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 270 System Maintenance

A. Generally. Throughout the life of a grantee' s franchise, and in addition to other

service regulations adopted by Council, and excepting circumstances beyond grantee' s control, such as acts of God, riots, and civil disturbances, and in providing the foregoing services, a grantee shall maintain all parts of its system in good condition and in accordance with standards generally observed by the cable television industry. The system must serve individual residents, but also serve as a broad- based communications source for city government, other public libraries and schools, industrial, and commercialpublic facilities including hospitals, business users.

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B. Service Reliability. Grantee shall, as well, retain sufficient employees to provide

safe, adequate and prompt service for all such residential subscribers, institutional facilities, and business users. Grantee shall limit failures to minimum time duration by locating and correcting malfunctioning as promptly as is reasonably possible. Prior Code 6C- 8; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 280 Safety Requirements

Grantee shall, at all times install and maintain its wires, cables, fixtures, and other

equipment in accordance with the requirements of the City' s building regulations and in such a manner that they will not interfere with any installations of the city. Grantee shall keep and maintain in a safe, suitable, substantial condition, and in good order and repair all its structures, lines, equipment, and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the city wherever situated or located. Prior Code 6C- 9; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 290 Operation and Service — Service Area

Grantee' s system design, construction, extension, and/ or upgrade shall be such that service shall be made available to all residential units within the grantee' s service area, as defined in the franchise agreement, for the normal installation fee, with the exception that in those locations where the dwelling units per strand mile of system plant are less than the dwellings per mile figure stipulated in the franchise agreement, grantee shall provide cable service on a pro- rata sharing of the installation costs with the potential subscribers. The pro- rata sharing of costs will be in accordance with a formulation set forth in the franchise agreement. Prior Code 6C- 10. 1; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 300 Operation and Service - Establishment of Service

Subject to such regulations as may be adopted by Council and Section 5. 32.290, the

grantee shall install cable television service to all persons making a timely and bona fide request for such service at any location within the service area. After the grantee has established service pursuant to a franchise in any area of the city, such service shall not be suspended or abandoned unless such suspension or abandonment is authorized or ordered by Council. Prior Code 6C- 10. 2; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 310 Operation and Service - Basic System Capability

A. A cable communications system, to be installed and operated pursuant to this

chapter and a franchise granted under these provisions shall, as a minimum, be operationally capable of relaying to subscriber terminals those television and radio broadcast signals for the carriage of what the grantee is now or thereafter authorized by the FCC; and distribute color television signals which it received in color, and provide channel capacity and basic equipment for program production in cablecasting public, educational, and government access uses. B. The system should have a minimum capacity of downstream video channels as stipulated in the franchise agreement, and have two- way operational capability, the latter to be activated on a selective basis when technically and economically feasible, or as otherwise mutually agreed upon by the City and grantee. C. The cable communications system( s) permitted to be installed and operated pursuant to this chapter may also engage in the business of transmitting original cablecast

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programming not received through television broadcast signals, and transmitting any satellite- delivered signals permitted by the FCC. D. The system may also transmit television pictures, film, and videotape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers or subscribers. E. The system may also transmit and receive all other signals, digital, voice, and audio-visual, not precluded by federal and state authorities. Prior Code 6C- 10. 3; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 320 Operation and Service - Local Origination and/ or Access

Grantee shall provide and maintain local origination and/ or access facilities and

channels for the benefit of city residents as set forth in the franchise award ordinance. Prior Code 6C- 10. 4; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 330 Operation and Service - Municipal Services

A. With respect to local government access, the grantee shall provide, at the
staff, equipment, and/ or technical support necessary torequest of the City Council, the

cablecast City Council meetings, subject to reimbursement of the grantee by the City of grantee' s staff and technical support costs as stipulated in the franchise award ordinance. B. With respect to basic television service, the grantee shall provide a standard drop and all basic subscriber services, without cost, when the system passes such facilities and as designated by the Council, to public schools and community colleges within the city, and buildings owned and controlled by the City and used for public purposes and not for residential use. The total number of such no- cost standard drops shall not exceed 30. Prior Code 6C- 10. 5; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 340 Operation and Service - Interconnection

Grantee may be required to provide interconnection to systems serving residential areas

adjacent to the city. This and other possible system interconnections will be provided by grantee as set forth in the franchise agreement. Prior Code 6C- 10. 6; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 350 Operation and Service - Emergency Service

A. The grantee may be required to design, construct, and maintain the system in a manner to provide for a restricted audio and/ or video override of some or all audio channels during emergencies as stipulated in the franchise award ordinance. If an override capability is stipulated in the franchise agreement, the grantee may be required in the franchise agreement to provide the capability for a squeal alert tone to precede the verbal and/ or video messages. If a video override capability is provided, the system shall include a character generator for delivery of emergency messages to the communicatively handicapped. B. Emergency power sources shall be provided at the headend, network distribution center, satellite earth station, processing hubs, and other system locations as may be necessary to guarantee that in the event of a power failure on any part of the system, service will be maintained on the rest of the system. Prior Code 6C- 10. 7; Ord. No. 87- 30, Amended 8/ 24/ 87)

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Section 5. 32. 360 Operation and Service - Subscriber Service

A. It is the right of all subscribers to receive all available services insofar as their financial and other obligations to the grantee are honored. Neither the City nor the grantee shall, as to rates, charges, service, service facilities, rules, regulations, or in any other respect, make or grant any preference or advantage to any person, nor subject any person to prejudice or disadvantage. B. Subject to such regulations as may be adopted by the Council, pursuant to this section, the grantee shall maintain a conveniently located business office and service center within the grantee' s service area with local toll- free telephone numbers so that subscribers may report service outages or deficiencies at any time. The office shall maintain an adequate staff such that subscribers may transact all necessary business, including payment of bills, during regular business hours. Grantee' s employees shall maintain a high standard of courtesy in customer relations at all times. C. Before providing cable communications service to any new subscriber, the grantee shall provide a written notice to the subscriber substantially as follows: Subscriber is hereby notified that in providing cable television/ communications service the grantee is making use of public rights- of-way within the City of Vista and that the continued use of such rights- of- way is in no way guaranteed. In the event the continued use of such rights-of-way is denied to grantee for any reason, grantee will make every reasonable effort to provide service over alternate routes. By accepting cable television/ communications service, subscriber agrees he will make no claim nor undertake any action against the City, its officers or its employees if the service to be provided hereunder is interrupted or discontinued. D. There shall be no charges for service calls to subscriber' s residences except when the problem is due to subscriber overt negligence or willful abuse, or to serve subscriber- owned equipment provided by the grantee. E. Grantee shall coordinate with the local media to ensure a comprehensive program guide is available to subscribers. In the event the media does not make such a guide available, grantee will make a reasonable effort to ensure such a guide is available through

convenient commercial outlets, such as supermarkets. F. In the event grantee elects to rebuild, upgrade, modify, or sell the system, or the City revokes or fails to renew the franchise, grantee shall ensure that all subscribers receive continuous, uninterrupted service in accordance with the provisions of this chapter and the franchise agreement. Prior Code 6C- 10. 8; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 370 Operation and Service — Subscribers' Privacy

A. The monitoring of any subscriber terminal, except for the grantee' s monitoring of signal levels, without specific written authorization of the subscriber is prohibited. Grantee is responsible for prohibiting, insofar as reasonably possible, the tapping and/ or monitoring of cable, line, signal input device, or subscriber outlet or receiver for any purpose whatsoever. However, grantee may conduct tests of the functioning of the system where necessary in order to ensure proper maintenance of the system, to collect performance data for agencies regulating the quality of the signal and to check for unauthorized reception of service. Where critical information requires private communication, electronic signal scrambling techniques must be used. B. Except as may be authorized by federal and state law, listings of subscribers' names and addresses may not be sold or otherwise released for any purpose, nor any list which identifies by name subscriber viewing habits, to any person or agency for any purpose whatsoever without specific written authorization of the individual subscriber.

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C. The grantee and the City shall maintain constant vigilance with regard to possible abuses of the right of privacy of any subscriber, programmer, or general citizen resulting from any device or signal associated with the cable communications system. The grantee shall not place in any private residence any equipment capable of two- way communications without the written consent of the residents, and will not use the two- way communications capability of the system for subscriber surveillance of any kind without the written consent of the subscriber. D. No cable, line, wire amplifier, converter, or other piece of equipment owned by the grantee shall be attached to any residence or other property by the grantee without first securing the written permission of the owner or responsible occupant of any property involved. If such permission is later revoked, whether by the original or subsequent owner or responsible occupant, and unless an agreement with a property owner provides otherwise, the grantee shall remove forthwith all of its equipment and promptly restore the property to as near its original condition as possible. E. No electronic polls or other two-way responses of subscribers shall be conducted unless the program of which the poll is part contains an explicit disclosure of the nature, purpose, and prospective use of the results of the poll. No commercial or other use of information of subscriber viewing habits or patterns may be made and no release of such information is permitted without prior consent of the Council or pursuant to rules and regulations duly adopted by the City. Prior Code 6C- 10. 10; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 380 Rates and Charges - Federal and State Preemption

Except when and as preempted by federal and/ or state laws and regulations, the

procedures set forth in Section 5. 32. 390, as may be modified by the franchise agreement, apply to the setting of rates and charges associated with the providing of services under this chapter and any franchise issued under the provisions of this chapter. Prior Code 6C- 11. 1; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 390 Rates and Charges - Procedure for Change of Rates and Charges

A. For franchises issued pursuant to Sections 5. 32. 100 through 5. 32. 130 of this chapter, the grantee shall provide its subscribers and users rates and charges as set forth in the franchise agreement, and for all franchises issued under these provisions, no change in rates and charges may be made without the prior approval of the Council expressed by resolution as an integral part of the franchise agreement. Petitions for changes in rates and charges shall be reviewed ( processed) and acted upon in accordance with the provisions of this section and will not be unreasonably denied. B. Should the grantee desire to change its rates and charges, it shall file a petition with the Council at least 90 days prior to the proposed date of change. The petition shall detail the proposed changes and set forth the basis for the requested change( s). The petition shall include system historical financial data ( balance sheets and detailed profit and loss statements) in support of the petition for the period since commencement of system operations or the previous five years, whichever is the lesser. C. Council determination of proper rates and charges shall be based on factors, which shall include, but not be limited to, the quality of signal and service delivered to subscribers, channel capacity, number, and quality of programming sources and the underlying economics of the system ( system cash flow, grantee return on investment, etc., for the Vista system and grantee' s total system if other areas besides the city are served by the same headend/ hub).

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D. In connection with any proposed increase in rate or charge, the City may direct an authorized representative to conduct a hearing on the matter. If so directed, the representative shall set the day, hour and place certain when and where any person having any interest therein may appear and be heard. This hearing should normally be conducted within 60 days from date of receipt of petition. The notice of public hearing on the matter should be published at least ten days before the date of the hearing in a newspaper of general circulation within the city. E. At the time for such hearing, or any adjournment thereof, the representative shall hear the matter. Following the close of such hearing, the representative shall prepare and file with the Council a report of the hearing, and his recommendations and the reasons therefore. After receipt of the representative' s report, the Council shall determine whether to adopt the report or hold a further hearing. If the Council elects to adopt the recommendations of the representative, it shall adopt a resolution to do so, describing and stating the proposed change in rates or charges, fixing and setting forth a day, hour, and place certain when and where any person having any interest in such matters may appear before the Council and be heard. Such resolution shall direct the City Manager to publish notice of the resolution' s adoption at least once within ten days of the passage thereof in a newspaper of general circulation within the city. The City Manager also shall cause notice of intent of such resolution to be mailed to the grantee at least ten days prior to the date specified for hearing thereon. At the time set for such hearing, or at any adjournment thereof, the Council shall hear and decide the matter. Prior Code 6C- 11. 2)

Section 5. 32. 400 Rates and Charges - Standards

No rate established shall afford any undue preference or advantage among subscribers,

but separate rates may be established for separate classes of subscribers and installation charges may reflect the increased cost of providing service to isolated or sparsely populated areas. Prior Code 6C- 11. 3; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 410 Compensation and Guarantee to the City - Franchise Fee

A. In consideration of the granting and exercise of a franchise to construct and operate a cable communications system in the city, the grantee shall pay to the City during the life of the franchise, an annual franchise fee equivalent to a percentage, as stipulated in the franchise agreement, of the grantee' s gross revenues including, but not limited to, basic service revenues, nonbasic service revenues, advertising revenues, lease channels revenues, and all other one-way and interactive service revenues generated in any manner by the grantee, for the purpose of defraying administrative expenses associated with the conduct and performance of the city' s authority, responsibilities, and police power in the promotion of safety, convenience, comfort, prosperity, and general welfare of the citizens of the city, for promotion, development, operation, and maintenance of cable related matters as the Council may deem appropriate within the city, and in consideration of the City' s granting and grantee' s exercising a franchise to use the streets, as defined in Section 5. 32. 020. The gross revenues base for such franchise fee shall not include any taxes on the grantee' s services which are imposed directly on a subscriber or user by a city, county, state, or other governmental unit, and collected by the grantee for such entity. B. The percentage payments shall be made in the manner, amounts, and at times as directed in the franchise agreement. C. Each such payment shall be accompanied by a statement, in duplicate, verified by the grantee or by a general officer or other duly authorized representative of the grantee,

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showing in such form and details as the Council may require from time to time the facts material to a determination of the amount due. D. The City or its representative shall have the right to inspect the grantee' s records to determine if proper payments have been made to the City. The costs of such audits shall be borne by grantee if same results in increasing, by more than two percent, the grantee' s annual payment to the City. E. No acceptance of any payment shall be construed as release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under this chapter, or the franchise agreement or associated resolution or ordinance, for the performance of any obligation thereunder. F. The payment to the City by the grantee pursuant to this section for any calendar year shall be in lieu of any license fee or business tax, prescribed by the City for the same period, but only to the extent of such payment. Prior Code 6C- 12. 1; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 420 Compensation and Guarantee to the City - Public Liability and Property Damage Insurance

Grantee shall at all times maintain in full force and effect a policy of insurance in such form as the City may reasonably require, executed by an insurance company authorized to write the required insurance and approved by the Insurance Commissioner of the State of California, insuring the payment of any sums which the grantee or City, its officers, boards, commissioners and employees, acting in the scope and course of their employment, may become obligated to pay by reason of any liability imposed upon them by law for damages because of bodily injury or death, or injury to or destruction of property that may result to any person or property arising out of the construction, operation or maintenance of any facilities pursuant to a franchise issued under this chapter. The sums, payment of which shall be so insured, shall not be less than 2, 000, 000 combined single limits including bodily injury liability and property damage liability. Such policy of insurance shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City ten days in advance of the effective date thereof, if such insurance is provided by a policy which also covers grantee or another entity or person other than those named above, then such policy shall contain the standard cross- liability endorsement. A certificate of insurance acceptable to the City shall be filed with the City Clerk. Prior Code 6C- 12. 2; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 430 Compensation and Guarantee to the City— Worker' s Compensation

Upon being granted a franchise, and upon filing of the acceptance required under

Sections 5. 32. 100 through 5. 32. 130 of this chapter, the grantee shall file with the City Clerk and shall thereafter, during the entire term of such franchise, maintain in full force and effect worker' s compensation insurance coverage in at least the minimum amounts required by law. If a grantee fails, after reasonable prior notice and with reasonable notice to cure, to obtain or maintain such required insurance coverage, the City may, without notice to grantee, obtain, at grantee' s sole expense, such coverage, or forthwith terminate, without further notice, the franchise as granted. Prior Code 6C- 12. 3; Ord. No. 87- 30, Amended 8/ 24/ 87)

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Section 5. 32. 440 Compensation and Guarantee to the City - Faithful Performance Bond

A. The grantee shall, at his sole expense, at the time of acceptance of a franchise, file with the City, and unless otherwise authorized by Council, at all times thereafter, maintain in full force and effect, an acceptable corporate surety bond, in duplicate, in the amount of 100, 000 effective for the entire term of the franchise, and conditioned that in the event the grantee shall fail to comply with any one or more of the material provisions of a franchise, then there shall be recoverable jointly and severally from the principal and surety of such bond, any damages suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of property as prescribed by Sections 5. 32.410 or 5. 32. 260 of this chapter which may be in default, up to the full amount of the bond, said condition to be a continuing obligation for the duration of a franchise and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of a franchise by the grantee or from its exercise of any privilege granted in this chapter. B. Neither the provisions of this section, any bond accepted by the City pursuant thereto, nor any damages recovered by the City thereunder shall be construed to excuse faithful performance by grantee or to limit liability of the grantee under a franchise or for damages, either to the full amount of the bond or otherwise. C. If, at any time during the term of the franchise, the condition of the corporate surety shall change in such a manner as to render the bond unsatisfactory to the City, the grantee shall replace such bond by a bond of like count and similarly conditioned, issued by a corporate surety satisfactory to the City. In the event the grantee' s obligations under a franchise shall so warrant, the Council, from time to time, may authorize or require appropriate adjustments in the amount of the bond. For example, the amount of the bond may be reduced by grantee, with the prior approval of Council, at satisfactory completion of system construction, upgrade and/ or extension, as may be set forth in the franchise agreement. Prior Code 6C- 12. 4; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 450 Compensation and Guarantee to the City - Security Fund

The City may in the franchise agreement require the establishment by grantee of an insured account as security for the faithful performance by grantee of all the provisions of the franchise, and compliance with all orders, permits and directions of any agency of the City having jurisdiction over its acts or defaults under the franchise, and the payment by grantee of any claims, liens, payments and taxes due the City which arise by reason of the construction, operation or maintenance of the system. The security fund, if required, is to be as follows: A. Within 30 days after the effective date of the franchise, grantee shall deposit into an insured account established by the City, and maintain on deposit throughout the term of the franchise, an amount of dollars as set forth in the franchise agreement, for the purpose set forth above. The grantee has the right to earn interest on funds deposited in the security fund. B. Within 30 days after notice to it that any amount has been withdrawn by the City from the security fund pursuant to this section, the grantee shall deposit a sum of money sufficient to restore such security fund to the original amount. C. If the grantee fails, after ten days notice to pay the City any taxes or payments due and unpaid; or fails to repay to the City, within such ten days, any damages, costs or expenses which the City shall be compelled to pay by reasons of any act or default of the grantee in connection with a franchise; or fail after 30 days notice by the City of such failure to comply with any provision of the franchise which the City reasonably determines can be remedied by an expenditure of the security, the City may immediately withdraw the amount

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thereof, with interest and any penalties, from the security fund. Upon such withdrawal, the City shall notify the grantee of the amount and date thereof. D. The security fund deposited pursuant to this section shall become the property of the city in the event that a franchise is cancelled by reason of the default of the grantee or revoked for cause. The grantee, however, shall be entitled to the return of such security fund, or portion thereof, as remains on deposit at the expiration of the term of the franchise, or upon termination of the franchise at an earlier date, provided that there is then no outstanding default on the part of the grantee. E. The City may, at its sole discretion, upon grantee' s successful completion of system construction, reduce the security fund to a lesser required amount as set forth in the franchise agreement, and refund the difference to grantee. F. The rights reserved to the City with respect to the security fund are in addition to all other rights of the city whether reserved by a franchise or authorized by law, and no action, proceeding, or exercise of a right with respect to such security fund shall affect any other right the City may have. Prior Code 6C- 12. 5; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 460 Compensation and Guarantee to the City - Indemnification to City

A. By accepting a franchise, grantee shall be deemed to have agreed to indemnify and hold harmless the City, its officers, boards, commissions, agents, and/ or employees against and from all claims, demands, causes of 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 consent from the owners, grantee' s cableauthorized distributors or licensees of programs to be delivered by communications system), costs or liabilities ( including costs of the City with respect to its employees) of every kind and nature whatsoever, including, but not limited to, damages for injury or death of person or injury to or destruction of property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, costs, 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 grantee' s operation, construction, and maintenance of a system under any franchise issued, irrespective of the amount of the bond designated in Section 5. 32. 440 of this chapter. B. The grantee shall at the sole risk and expense of grantee, upon demand of the City, made by and through the City Attorney, 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, boards, commissions, agents, or employees, and arising out of grantee' s operation, construction, and maintenance of a system under any franchise issued and for which indemnification is due under Subsection A of this section. C. Alternatively, at the discretion of the Council, the City may, on behalf of itself, and/ or any of its officers, boards, commissions, agents, or employees, elect to employ, at grantee' s expense, attorneys to appear and defend such actions. D. The 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

officers,City, its boards, commissions, agents, consultants, 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, security deposit, undertaking or other assurance required hereunder, or otherwise provided, that neither grantee nor City shall make or enter into any settlement of any claim, demand, cause of action, action, suit, or other proceedings, without

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first obtaining the written consent of the other. Prior Code 6C- 12. 6; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 470 Inspection of Property and Records - Examination of Property

At all reasonable times, the grantee shall permit any duly authorized representative of

the City to examine all 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 maps or records are not kept in the City, or upon reasonable request made available in the City, and if the Council determines that an examination thereof is necessary or appropriate, then travel and maintenance expense necessarily incurred in making such examination shall be paid grantee.by the Grantee shall not be required to disclose confidential or proprietary information unless critical to a specific issue in question. Prior Code 6C- 12. 1; Ord. No. 87- 30, Amended 8/ 24/ 87)

and Records - Reports, Records and PlansSection 5. 32. 480 Inspection of Property

A. The grantee shall prepare and furnish to the City Manager and the City Clerk at the times and in the form prescribed by either of said officers, such 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. B. The grantee shall at all times make and keep in the City full and complete plans and records showing the exact location of all cable communications system equipment installed or in use in the streets and other public places in the city. The grantee shall file with the City' s Director of Public Works, on or before the last day of June of each year, a current map or set of maps drawn to scale, showing all cable communications system equipment installed and in place in streets and other public places in the city. Prior 6C- 13. 2; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 490 Adoption of Rules and Regulations

At any time, the Council may, as necessary, adopt rules, regulations and standards

governing the operation of cable communications systems in the city, consistent with the provisions of this chapter, and the franchise agreement. Such rules, regulations, and standards may apply to and govern the operations of the grantee of any cable communications franchise, and are expressly declared to be a part of any such franchise. Prior to adopting any such rule, regulation, or standard, the Council shall conduct a duly noticed hearing thereon. At the time set for such hearing, or at any adjournment thereof, the Council, by resolution, may adopt, amend, or modify such rules and regulations. The standards adopted may govern engineering, construction, installation, service, technical performance, maintenance, and performance testing of all cable communications systems in the city. Such rules, regulations, and standards shall not unreasonably interfere or conflict with the existing rights of the grantee under its franchise, unless deemed by the City as necessary for the immediate preservation of the public health, safety, or welfare. Prior Code 6C- 14; Ord. No. 87- 30, Amended 8/ 24/ 87)

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Section 5. 32. 500 Amendment of this Chapter and the Franchise

The Council shall amend this chapter and any franchise issued under its provisions, upon its own motion or the application of a grantee whenever amendment is necessary to enable grantee to utilize new developments in cable communications, television or radio signal transmission which would improve and update cable communications service in the city, or to comply with any modifications in the rules of the FCC. Amendments to Section 76. 31 of the FCC Rules will be incorporated into this chapter within one year of their adoption or at the time of franchise renewal, whichever comes first. No amendment shall be adopted except after full open public hearing afforded due process, and no amendment substantially amending the existing rights and obligations of the grantee shall be adopted without grantee' s consent. Prior Code 6C- 15; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 510 Notices

Every direction, notice, or order to be served upon a grantee shall be hand- delivered or

sent by certified mail to the local office described in Section 5. 32. 360 of this chapter. Every notice to be served upon the City shall be hand- delivered, or sent by certified mail, to the City Clerk at City Hall. The delivery of such shall be deemed to have been at time of receipt. Prior Code 6C- 19; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 520 Violations

A. Unlawful Operation. It is unlawful for any person to construct, install or maintain

within any public right-of-way 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 right- of-way, but is designated as proposed right- of-way on any tentative subdivision map approved by the City, equipment or facilities for distributing any television signals or radio signals through a cable communications 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. B. Unlawful Connections. 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 any cable communications system within the boundaries of the city for the purpose of enabling himself/ herself or others to receive or use any television signal, radio signal, picture, program, sound, information, or other system service without payment to the

owner of said system. C. Unlawful Tampering. It is unlawful for any person, without the consent of the grantee, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs, sound, information, data, or other system device. Prior Code 6C- 16; Ord. No. 87- 30, Amended 8/ 24/ 87)

Section 5. 32. 530 Fines and Penalties

The City may levy fines and other penalties for failure to comply with the provisions of

this chapter and the franchise agreement, not to exceed those limits set forth in the franchise

agreement. Prior Code 6C- 17; Ord. No. 87- 30, Amended 8/ 24/ 87)

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Chapter 5. 36

Cesspool Cleaners

Sections:

5. 36. 010 Definitions
6. 36. 020 Health Permit Fee
7. 36. 030 Inspection of Equipment
8. 36. 040 Reports Required

Section 5. 36. 010 Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings

respectively ascribed to them by this section: Cesspools, Septic Tanks and Seepage Pits" mean and include all manner of sewage disposal other than regular sewage disposal plants and systems operated by a political subdivision and holding a valid permit from the State Department of Public Health. Health Officer" means the Health Officer or any sanitary inspector regularly employed by the City. Prior Code 25- 5; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 36. 020 Health Permit Fee

Every person applying for a permit under the provisions of this chapter shall at the time of

making an application for such permit pay a fee the exact amount of which shall be determined by the County of San Diego and kept on record by the County Department of Health Services and filed in the City Clerk's Office. Prior Code 25- 6; Ord. No. 66- 24, Amended 9/ 6/ 66; Ord. No. 87- 34, Repealed and Replaced 10/ 12/ 87)

Section 5. 36. 030 Inspection of Equipment

The Health Officer shall examine all equipment used in processing septic tanks, cesspools

and seepage pits owned or under the control of each person registered under the provisions of this article at regular intervals not to exceed 90 days after such permit is granted. Prior Code 25- 9; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 36. 040 Reports Required

A. Whenever a person cleans a septic tank or cesspool, he shall notify the Health Officer or his duly authorized representative upon the regulation form adopted by the Board of Health. B. Such form shall contain information such as location of septic tanks, cesspools and seepage pits, location of the disposal field where sewage effluent or other material has been finally disposed of or any other information which the Board of Health by regulation may require. C. Such report shall be transmitted to the Department of Public Health at the close of each day. Prior Code 25- 10; Ord. No. 66- 24, Amended 9/ 6/ 66)

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Chapter 5. 40

Fortunetelling

Sections:

5. 40. 010 Fortunetelling

Section 5. 40. 010 Fortunetelling

No person shall engage in, conduct, advertise or carry on the occupation or business of
as defined in Section 18. 02. 310 of this code, without complying with thefortunetelling,

provisions of Chapter 5. 04 of this code. Prior Code 19- 4; Ord. No. 86- 20, Repealed and Replaced 4/ 22/ 86)

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Chapter 5. 44

Gasoline Price Advertising

Sections:

5. 44. 010 Required Price Advertising
6. 44. 020 Sale of Gasoline by Liters
7. 44. 030 Consistency with Business and Professions Code
8. 44. 040 Conformance with Sign Regulations

Section 5. 44. 010 Required Price Advertising

A. Every person, firm, partnership, association or corporation which owns, operates, manages, leases or rents a gasoline service station or other facility offering for sale, selling or otherwise dispensing gasoline or other motor vehicle fuel to the public from such a facility abutting or adjacent to a street or highway shall post or cause to be posted or displayed and maintained at said premises at least one sign, banner or other advertising medium which is clearly visible from all lanes of traffic in each direction on such street and highway. Each such sign, banner or other such advertising medium shall be readable from the traffic lanes and shall indicate thereon the actual price per gallon or liter, including all taxes, at which each grade of gasoline or other motor vehicle fuel is currently being offered for sale, sold or otherwise dispensed, if at all, at such facility on such date. B. No person, firm, partnership, association, trustee or corporation which owns, operates, manages, leases or rents a gasoline service station or other facility offering for sale, selling or otherwise dispensing gasoline or other motor vehicle fuel to the public shall advertise, either in conjunction with any sign, banner or other advertising medium utilized to satisfy the requirements of this section or otherwise, the price of any grade of gasoline or other motor vehicle fuel which is not immediately available to be sold or dispensed to the public at such premises. Prior Code 19- 33; Ord. No. 80- 19, Amended 5/ 7/ 80)

Section 5. 44. 020 Sale of Gasoline by Liters

Each sign required by Section 5. 44. 010 shall advertise the price of gasoline per liter only if

such information is clearly designated on such sign and only if gasoline or other motor vehicle fuel is actually being sold by the liter. Prior Code 19- 34; Ord. No. 80- 19, Amended 5/ 7/ 80)

Section 5. 44. 030 Consistency with Business and Professions Code

Each sign, banner or other advertising medium posted or displayed or maintained pursuant

to the requirements of this chapter shall be consistent with the provisions of Article 12, Chapter 14, Division 5, Sections 13530, et seq., of the Business and Professions Code. Prior Code 19- 35; Ord. No. 80- 19, Amended 5/ 7/ 80; Ord. No. 90- 17, Amended, 5/ 29/ 90)

Section 5. 44. 040 Conformance with Sign Regulations

Each sign, banner or other advertising medium posted, displayed or maintained pursuant to

the requirements of this chapter shall be subject to the regulations imposed by Chapters 8. 52 and 8. 62. Prior Code 19- 36; Ord. No. 80- 19, Amended 5/ 7/ 80)

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Chapter 5. 48

Hotels, Roominghouses and Similar Establishments

Sections:

5. 48. 010 County Code Provisions Adopted by Reference
6. 48. 020 Rental of Room to Minor - Police Notification
7. 48. 030 Guest Registration - Required
8. 48. 040 Guest Registration - Maintenance of Record - Inspection
9. 48. 050 Guest Registration - Time of Departure
10. 48. 060 Registration of Guest Vehicles

Section 5. 48. 010 County Code Provisions Adopted by Reference

Sections 66. 1001 and 66. 1005 of the San Diego County Code relating to permits for

apartment houses and hotels as adopted by San Diego County Ordinance No. 4623 ( New Series) are adopted by reference pursuant to the authority therefore in Sections 50022. 1 through 50022. 10, inclusive, of the Government Code, and all provisions thereof are referred to, adopted and made a part of this chapter as if set forth fully in this section. Prior Code 14- 2. 3; Ord. No. 66- 24, Amended 9/ 6/ 66; Ord. No. 88- 2, Amended 2/ 8/ 88)

Section 5. 48. 020 Rental of Room to Minor - Police Notification

Any person, whether owner, employee, agent or manager of any hotel, motor court or

trailer court in the city, who rents or lets any room or rooms, or any trailer or trailers to be used on the premises and not removed there from or allows any such room or rooms, or trailers, to be occupied by any minor of less than 17 years of age, unless such minor is accompanied by his or her parent, parents or legal guardian, shall immediately by telephone, and within 24 hours by written and signed report, notify the Police Department of such occurrence. Prior Code 14A- 1; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 48. 030 Guest Registration - Required

No manager or other person in control of any inn, hotel, apartment house,

roominghouse, lodginghouse, auto court or trailer park in the city shall let or assign for temporary or transient occupancy any suite, room or bed in any part thereof to any person until such person has registered his name and address in the register required to be kept by Section 5.48. 040, and until such register has been made to show correctly the year, month, day and hour of the arrival of such person thereat, and the number of the suite or room let and assigned to such guest or guests. Prior Code 14A- 2; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 48. 040 Guest Registration - Maintenance of Record - Inspection

Every manager or person in control of any inn, hotel, apartment house, roominghouse,

lodginghouse, auto court or trailer park in the city shall keep at all times a register for the registration of transient guests. Such registration of guests shall be preserved for at least three years, and every such register shall at all times be subject to inspection by every law enforcement officer of the City. Prior Code 14A- 3; Ord. No. 66- 24, Amended 9/ 6/ 66)

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Section 5. 48. 050 Guest Registration - Time of Departure

The manager or person in control of such inn, hotel, apartment house, roominghouse,

lodginghouse, auto court or trailer park shall, at the time of the departure of each guest, if such time is known, enter upon such register the date and time of departure; or if the exact time of departure is not known, the date and time that the fact of the departure of each guest is ascertained, and shall not erase or alter, or suffer or permit to be erased or altered, any of such entries in such register. Prior Code 14A- 4; Ord. No. 66- 24, Amended 9/ 6/ 66)

Section 5. 48. 060 Registration of Guest Vehicles

Every manager or person in control of any auto court or trailer park in the city shall, in

addition to other requirements of this chapter, enter the make, type, license number and name of issuing state of any motor vehicle or vehicles in the immediate possession of such guest or guests, if such there be, in the register provided to be kept by Section 5.48. 040. Prior Code 14A- 5; Ord. No. 66- 24, Amended 9/ 6/ 66)

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Chapter 5. 52

Ice Cream Vendors

Sections:

5. 52. 010 Definitions
6. 52. 020 Ice Cream Vending Vehicle Permit Required
7. 52. 030 Ice Cream Vending Vehicle Permit— Application Unauthorized
8. 52. 040 Ice Cream Vending Vehicle Permit— Issuance and Denial
9. 52. 050 Operator Permit Required
10. 52. 060 Operator Permit— Application
11. 52. 070 Operator Permit— Issuance or Denial — Term
12. 52. 080 Vending Restrictions
13. 52. 090 Unauthorized Riders Prohibited
14. 52. 100 Vehicle Condition
15. 52. 110 Suspension or Revocation of Permit
16. 52. 120 Appeal of Action on Permit

Section 5. 52. 010 Definitions

For purposes of this chapter, the following terms shall have the following meanings: A. " Ice Cream Truck" means every motor vehicle, as that term is defined in Section 415 of the California Vehicle Code, in which ice cream, ice milk, frozen dairy products, candy in the original packaging of the manufacturer or ice flavored with syrup are carried for purposes of retail sale on the streets of this city. B. " Vend" or "Vending" means offer( ing) ice cream, ice milk, frozen dairy products or ice flavored with syrup, candy in the original packaging of the manufacturer for sale from a motor vehicle on the streets of this city. No products other than those listed in Subsection A may be sold on these vehicles. C. " Offering" does not include merely driving on a street with identification or other markings on the ice cream truck. D. " Litter" means trash or refuse consisting of materials at one time dispensed from the ice cream truck, and any residue deposited on the street from the operation thereof. Prior Code 12- 15; Ord. No. 88- 2, Added 2/ 8/ 88; Ord. No. 91- 22, Amended, 08/ 13/ 91; Ord. No. 2015- 1, Amended, 1/ 13/ 15)

Section 5. 52. 020 Ice Cream Vending Vehicle Permit Required

A. No ice cream truck may be used to vend in the City of Vista without an Ice Cream

Vehicle Vending Permit ( hereinafter, " Permit") as described in this section. Vehicle must be inspected by the San Diego County Health Department, the Sheriff's Department, and City Code Enforcement to ensure compliance to the regulations of this article. B. The ice cream truck must have its outside music control marked for noise level by the San Diego County Noise Control Officer, so as to indicate conformance with the regulatory provision 5.52. 030. G. 1. C. All vehicles operating in accordance with this article shall be licensed by the California Department of Motor Vehicles and shall comply with all requirements of the California Vehicle Code. D. All drivers of said vehicles shall be licensed by the California Department of Motor Vehicles.

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of Vista Vehicle Identification Sticker ( V. I. S.), issued with the permit, is E. A City required to be displayed on each vehicle conducting business. The V. I. S. must be displayed on, and attached to the lower right corner of the windshield of the vehicle. F. Copies of City of Vista business license, ice cream vehicle vending permit, County of San Diego Health Permit, labor work Permits, and vehicle registration, must be maintained in vehicles in use at all times. Said permits and licenses must be produced for inspection upon request by any City of Vista Code Enforcement Officer or County of San Diego Sheriff' s personnel. G. Application for the permit shall be made to the Code Enforcement Division and shall require proof of a valid County Health Department Permit, proof of a valid business license to operate in the city, and a safety inspection certificate issued by the Sheriff' s Department. Each application shall also be accompanied by a fee, established by City Council resolution, sufficient to cover the administrative cost, which fee shall be exclusive of any amount due for the business license or the operators permit background check. H. Each permit issued pursuant to the provisions of this chapter shall expire on June 30, regardless of date of issuance, unless prior thereto revoked by the City. The renewal of the permit shall comply with all of the requirements as stated within this section, including payment of the fee described under Section 5. 52. 030. C. Prior Code 12- 18; Ord. No. 88- 2, Added 2/ 8/ 88; Ord. No. 91- 22, Amended, 08/ 13/ 91; Ord. No. 2010- 9, Amended, 5/ 11/ 10; Ord. No. 2015- 1, Amended, 1/ 13/ 15)

Section 5. 52. 030 Ice Cream Vending Vehicle Permit— Application

A. An application for an ice cream vending vehicle permit shall be filed with the Code Enforcement Manager and shall contain the following: 1. The individual and business name, address, and telephone number of the permit applicant which shall be the person or entity operating the business from the ice cream vending vehicle, including all other names used by the applicant. 2. Written evidence that the applicant is an owner, lessee or holder of a similar interest in the ice cream vending vehicle. 3. The name and address of all legal and registered owner( s) of the ice cream vending vehicle, and each person with a financial interest in the business that operates the ice cream vending vehicle. 4. A copy of a valid business license issued pursuant to Chapter 5. 04 of this Code. 5. The state vehicle license plate number and the vehicle identification number of the ice cream vending vehicle. 6. Proof of compliance with the automobile liability insurance requirements in the minimum amounts set by state law. 7. Proof that the vehicle is in compliance with applicable requirements of the State of California and the County of San Diego regarding the operation of an ice cream vending vehicle. 8. The address where the ice cream vending vehicle is stored and restocked when not in use. 9. A description of the goods and merchandise which will be sold or distributed from the ice cream vending vehicle. 10. A listing of each conviction of a felony or misdemeanor violation or entry of a plea of nolo contendere, with respect to the applicant, or any party operating an ice cream vending vehicle owned by applicant: ( a) for violating this Chapter; ( b) for actions occurring while operating an ice cream vending vehicle; or ( c) for a conviction or plea described in Section 5. 52. 040. B. 10. The list shall, for each such conviction, set forth the date of arrest, the offense

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charged, and the offense of which the person was convicted. During the period covered by a permit, the Code Enforcement Manager: ( 1) shall be apprised of the preceding information with respect to any new convictions or pleas of nolo contendre. The applicant will provide consent and sufficient personal identifying information to enable a review to determine if the applicant or operator has a conviction or have entered a plea of nolo contendere in any of the preceding categories. 11. Whether a permit in connection with an ice cream vending vehicle or its operation, sought by the applicant has been denied or revoked by the City or any other jurisdiction or governmental unit in the United States in the three year period prior to the application. If so, the circumstances and facts upon which that denial or revocation was based. 12. If the applicant will be the operator of the ice cream vending vehicle, evidence of a current California driver' s license for operation of the ice cream vending vehicle. 13. Such other information as may be required by the Code Enforcement Manager to further the purpose of this Chapter. B. If the applicant intends to be the operator of the vehicle and has provided the information required by paragraph 12, the Code Enforcement Manager shall process the application as a request for a combined ice cream vending vehicle and operator permit. The holder of such a permit, for purposes of this Code, shall be deemed to hold both an ice cream

vending vehicle permit and an operator permit. C. Every application for an ice cream vending vehicle permit shall be accompanied by a nonproratable, nonrefundable application fee in an amount established by resolution of the City Council. D. Upon receipt of a complete application and the required application fee, the Code Enforcement Manager shall physically inspect the ice cream vending vehicle to ensure compliance with this Code, state law, and the Vehicle Code equipment requirements; provided, however, that the Code Enforcement Manager, in his or her discretion, may accept proof of compliance with California or San Diego County inspection requirements for operating an ice cream vending vehicle in lieu of conducting an inspection. Ord. No. 2015- 1, Amended to Add, 1/ 13/ 15)

Section 5. 52. 040 Ice Cream Vending Vehicle Permit— Issuance and Denial

A. Except as provided in subsection B, an ice cream vending vehicle permit or an ice cream vending vehicle and operator permit, as applicable, shall be issued by the Code Enforcement Manager upon receipt of a complete application and payment of the permit fee, as specified in Section 8. 24. 030 of this Chapter. B. An ice cream vending vehicle permit, or an ice cream vending vehicle and operator permit, as applicable, may be denied by the Code Enforcement Manager if he or she finds any of the following grounds: 1. The information submitted pursuant to Section 5. 52. 030 of this Chapter is materially false or incomplete. 2. The applicant or any person with a financial interest in the business that operates the ice cream vending vehicle, has any unpaid administrative penalties imposed pursuant to Chapter 1. 13 of this Code. 3. Within 12 months of the date of application, the applicant, any registered owner of the ice cream vending vehicle, or any person with a financial interest in the business that operates the ice cream vending vehicle, has had his or her ice cream vending vehicle permit revoked. 4. Within 12 months of the date of application, the applicant, any registered owner of the ice cream vending vehicle, or any person with a financial interest in the business has violated the requirements of this Chapter or those of State or other laws with respect to an ice cream vending vehicle or being an operator of an ice cream vending vehicle.

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5. The applicant has not paid the applicable business license tax pursuant to

Chapter 5. 04 of this Code. 6. The ice cream vending vehicle does not have the inspection permits required by the County of San Diego or the Code Enforcement Manager, following his or her physical inspection of the ice cream vending vehicle, determines that the vehicle fails to satisfy the legal requirements for the lawful operation of the vehicle in the State or County. 7. The business location and vehicle storage location, if within the city, does not comply with applicable zoning regulations and other codes. 8. The applicant or a party operating an ice cream vending vehicle owned by applicant was convicted of a violation or entered a plea of nolo contendere: ( a) for violating this Chapter or for actions occurring while operating an ice cream vending vehicle; and ( b) the conviction or entry of plea occurred within 12 months prior to the submission of the application. 9. The applicant has applied for an ice cream vending vehicle and operator permit, but does not have a current California driver' s license for operation of the ice cream

vending vehicle. 10. The applicant or a party operating an ice cream vending vehicle owned by applicant was convicted of a violation or entered a plea of nolo contendere for any of the following: a. unlawful sexual conduct or physical violence b. felonies involving the sale or distribution of drugs within the last ten years; c. misdemeanors involving the sale or distribution of drugs within the last five years. C. All ice cream vending vehicle permits shall expire on June 30 of the calendar year following the date of issuance unless sooner revoked, except that a permit initially issued between April 1 and June 29 may operate through the second June 30 following issuance in accordance with an administrative practice or policy approved by the City Manager. D. Applications for renewal shall be filed between April 1 and April 30 of each year prior to expiration of a permit. Ord. No. 2015- 1, Amended to Add, 1/ 13/ 15)

Section 5. 52. 050 Operator Permit Required

A. It is unlawful for any person to be an operator of an ice cream vending vehicle unless the person holds a valid and effective operator permit or an ice cream vending vehicle and operator permit issued pursuant to this Chapter. B. Every permittee, upon receipt of an operator permit, shall maintain the permit in the ice cream vending vehicle where the person acts as operator. C. Upon demand of a peace officer or City employee authorized to enforce the provisions of this Chapter, a person who is an operator of an ice cream vending vehicle shall present the operator permit that is in effect for the operator. D. All operator permits are the property of the City and each shall only authorize the person holding the permit to be an operator of an ice cream vending vehicle. It is unlawful for any person to sell or transfer, or attempt to sell or transfer, any operator permit. Ord. No. 2015- 1, Amended to Add, 1/ 13/ 15)

Section 5. 52. 060 Operator Permit— Application

A. An application for an operator permit shall be filed with the Code Enforcement

Manager and shall contain the following: 1. The name, address, and telephone number of the permit applicant, including all other names used by the applicant.

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2. Unless the applicant certifies that he or she will never drive an ice cream

vending vehicle, evidence of a current California driver's license for operation of the ice cream vending vehicle. 3. A listing of each conviction of a felony or misdemeanor violation or entry of a plea of nolo contendere, in the preceding 10 years with respect to the applicant, or any applicant: (party operating an ice cream vending vehicle owned by a) for violating this Chapter; b) for actions occurring while operating an ice cream vending vehicle or ( c) for a conviction or plea described in Section 5. 52. 040. B. 10. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the person was convicted. During a permit, the Code Enforcement Manager: ( 1) shall be apprised of thethe period covered by preceding information with respect to any new convictions or pleas of nolo contender. 4. Whether the applicant has ever been denied a permit in connection with an ice cream vending vehicle or its operation by the City or any other jurisdiction or governmental unit in the United States in the three year period prior to the application. If so, the circumstances and facts upon which that denial or revocation was based. 5. Such other information as may be required by the Code Enforcement Manager to further the purpose of this Chapter. B. Every application for an operator permit shall be accompanied by a nonproratable, nonrefundable application fee in an amount established by resolution of the City Council. C. Each applicant for an operator permit must complete an application, as provided a full background check. The application shall be accompanied by aby the City, for nonproratable, nonrefundable background check fee in an amount established by resolution of the City Council. Ord. No. 2015- 1, Amended to Add, 1/ 13/ 15)

Section 5. 52. 070 Operator Permit— Issuance or Denial — Term

A. Except as provided in subsection B of this section, an operator permit shall be issued by the Code Enforcement Manager upon receipt of a complete application and payment of the permit fee, as specified in Section 5. 52.040. B. An operator permit may be denied by the Code Enforcement Manager if he or she finds any of the following grounds: 1. The information submitted pursuant to Section 5. 52. 060 of this Chapter is materially false or incomplete. 2. The applicant has any unpaid administrative penalties imposed pursuant to Chapter 1. 13 of this Code. 3. Within 12 months of the date of application, the applicant has had his or her ice cream vending vehicle permit or operator permit revoked. 4. The applicant has not paid the applicable business license tax pursuant to Chapter 5. 04 of this Code. 5. Within 12 months of the date of application, the applicant has violated the requirements of this Chapter or those of state or other laws with respect to an ice cream vending vehicle or being an operator of an ice cream vending vehicle. 6. The applicant or a party operating an ice cream vending vehicle owned by applicant was convicted of a violation or entered a plea of nolo contendere: ( a) for violating this Chapter or for actions occurring while operating an ice cream vending vehicle; and ( b) the conviction or entry of plea occurred within 12 months prior to the submission of the application. 7. The applicant or a party operating an ice cream vending vehicle owned by applicant was convicted of a violation or entered a plea of nolo contendere for any of the offenses described in Section 5. 52. 030. A. 10.

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C. All operator permits shall expire on June 30 of the calendar year following the

date of issuance unless sooner revoked, except that a permit initially issued between April 1 and June 29 may operate through the second June 30 following issuance in accordance with an administrative practice or policy approved by the City Manager. D. Applications for renewal shall be filed between April 1 and April 30 of each year prior to expiration of a permit. Ord. No. 2015- 1, Amended to Add, 1/ 13/ 15)

Section 5. 52. 080 Vending Restrictions

A. No person shall vend on any street of this city where the posted legal speed limit exceeds 25 miles per hour. B. No person shall vend before 10: 00 a. m. or after one- half hour after sundown, not to exceed 8: 00 p. m. during daylight savings time. C. No person shall vend within 500 feet of any property used as a school during the period beginning one hour before classes commence that day until one hour after the classes end that day. D. No person shall vend unless the ice cream truck is lawfully stopped and parked. E. No person shall vend to any person unless the vendee is away from the side of the ice cream truck where traffic would normally pass. F. No person shall vend to any person standing on the street or roadway of this city. G. Sound amplification restrictions. 1. Sound amplification, if used, shall be restricted to the playing of non- vocal music and may not exceed 60 decibels at the distance of ten feet from the source. Sound amplification is determined to be in non- compliance if its music volume control is set beyond the pre- measured mark. The mark is determined as the threshold point for the level of sound allowed under the permit process, as set forth in Section 5. 52. 020. 2. No ice cream truck with its amplifying device in operation shall be driven on the same street past the same point more than twice in one hour. 3. Sound amplifying equipment shall not be operated unless the ice cream truck upon which such equipment mounted is operated at a speed of at least ten miles per hour, except when said vehicle is stopped or impeded by traffic. Where, stopped by traffic, the said sound amplifying equipment shall not be operated for longer than one minute at each stop. Sound amplifying equipment shall not be operated when the vehicle is parked. 4. Sound shall not be issued within 300 feet of hospitals, schools, churches,

or courthouses. H. No ice cream truck may enter onto any private property, private easement, or other restricted area without the oral or written permission of the property owner or other person in control of the property. I. The operator of the ice cream truck shall pick up, remove and dispose of all litter, and shall otherwise maintain in a clean and debris- free condition the entire area within a 25- foot radius of the location where vending is occurring. J. No person shall store or park an ice cream truck on any public or private street or alley or public or private property within any residential district. For the purpose of this section, residential district" shall mean any area within the city which is zoned R- 1, R- 1- B, R- M, PRO Planned Residential Development), and those portions of planned community zones and specific plan districts which are specified for residential uses. K. Vending from ice cream trucks shall be limited to only the following products: ice cream, ice milk, gelato, frozen dairy products, ice flavored with syrup, and candy in the original packaging of the manufacturer. Prior Code 12- 16; Ord. No. 88- 2, Added 2/ 8/ 88; Ord. No. 91- 22, Amended, 08/ 13/ 91; Ord. No. 2004- 9, Amended, 09/ 28/ 04; Ord. No. 2015- 1, Amended, 1/ 13/ 15)

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Section 5. 52. 090 Unauthorized Riders Prohibited

A. The driver of an ice cream truck shall not permit any unauthorized person to ride

in or on the vehicle. A person is authorized if lawfully employed by the ice cream truck' s owner, meeting all state and federal labor statutes. B. A maximum of two authorized persons, including the driver of the ice cream truck, are allowed in the truck at any one time. Prior Code 12- 17; Ord. No. 88- 2, Added 2/ 8/ 88; Ord. No. 91- 22, Amended, 08/ 13/ 91; Ord. No. 2015- 1, Amended, 1/ 13/ 15)

Section 5. 52. 100 Vehicle Condition

A. All vehicles operating in accordance with this article shall have an outside, passenger side mirror that provides visibility to the right side and to the rear of the vehicle. B. All vehicles operating in accordance with this article shall have the words, CAUTION CHILDREN IN AREA," printed on the rear of the vehicles, in letters of not less than five inches in height. C. Each ice cream truck must be inspected by the Sheriffs Department to receive a safety inspection certificate. As a condition to having a certificate issued and as a condition to retaining such certificate, each truck shall at all times have: 1. Headlights properly functioning and adjusted. 2. Brake lights properly functioning. 3. Left and right turn indicators properly functioning. 4. Parking brake properly adjusted and functioning. 5. Tail lights properly functioning. 6. Seat belts properly installed and available for each passenger. 7. Tires that have tread to meet state requirements, and safely operating. 8. Steering mechanism properly adjusted and safely operating. 9. Any equipment required by statute or ordinance, which equipment shall be maintained in good working order. D. The interior and the exterior of each ice cream truck, and all equipment therein shall be maintained in good repair, and in a clean and sanitary manner at all times when in operation. Ord. No. 91- 22, Enacted, 08/ 13/ 91; Ord. No. 2015- 1, Amended, 1/ 13/ 15)

Section 5. 52. 110 Suspension or Revocation of Permit

A. The Code Enforcement Manager may suspend or revoke any ice cream vending

vehicle permit or operator permit issued hereunder on the basis of any of the following grounds: 1. The Code Enforcement Manager determines that any activity authorized by the permit is being carried out in such a manner as to constitute a nuisance, or to be injurious to the public health, safety or welfare; or 2. The operation of the ice cream vending vehicle is in violation of any conditions imposed upon the permit or in violation of any provision of this Chapter, this Code, the San Diego County Code or state law. 3. There exist grounds that would have justified denial of the permit application had those grounds been known, or had they been true, on the date of the application. B. Except as provided in subsection C of this section, no permit shall be suspended or revoked until a hearing is held by the Code Enforcement Manger. Written notice of the time and place of such hearing shall be given at least five days prior to the date set for such hearing

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to the person to whom the permit was granted and to any other person who, at least ten days prior to the hearing, requests such notice. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the persons to be notified, or by depositing the notice in the U. S. mail in a sealed envelope, postage prepaid, addressed to the persons to be notified at the address appearing in the application for a permit. C. Upon the Code Enforcement Manager' s suspension or revocation of any permit pursuant to this section, written notice of that suspension or revocation shall be provided to the permittee in the manner described in paragraph B setting forth the grounds for revocation or suspension. Within ten days of such notice, the permittee shall surrender the subject permit to the City. Ord. No. 2015- 1, Amended to Add, 1/ 13/ 15)

Section 5. 52. 120 Appeal of Action on Permit

A. An applicant or permittee, as applicable, may appeal the Code Enforcement

Manager' s decision to deny an application, to suspend a permit, or to revoke a permit pursuant to this Chapter in the manner provided below. B. A notice of appeal, accompanied by an appeal fee in an amount set by resolution of the City Council, must be filed within ten days after the date of the Code Enforcement Manager' s decision. C. Upon receipt of a timely appeal, the City Manager or his or her designated representative shall hear such appeal within 20 calendar days following the date of such appeal and shall give the appellant not less than five calendar days advanced notice of the date of such hearing. The decision of the City Manager shall be based upon the same criteria as set forth in this Chapter which are applicable to the issuance or revocation of such permit. The appellant shall be notified of the decision of the City Manager by mailed, written notice. The decision of the City Manager shall be final. No revocation of a permit pursuant to this Chapter shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager' s decision. Ord. No. 2015- 1, Amended to Add, 1/ 13/ 15)

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Chapter 5.56

Massage Establishments and Massage Therapists

Sections:

5. 56. 010 Title
6. 56. 020 Purpose and Intent
7. 56. 030 Definitions
8. 56. 040 Massage Establishment Permit Required; Exemptions
9. 56. 050 Application for Massage Establishment Permit
10. 56. 060 Massage Establishment Permit Denial and Appeal
11. 56. 070 Massage Establishment Operating Requirements
12. 56. 080 Massage Establishment Facility Requirements
13. 56. 090 Seated Massage
14. 56. 100 Off- Premises Massage
15. 56. 110 Massage Establishment Inspections
16. 56. 120 Massage Establishment Permit Not Assignable
17. 56. 130 Change of Location or Name; Separate Location
18. 56. 140 Business License Requirements Not Waived
19. 56. 150 Massage Therapist Regulations
20. 56. 160 Notice of Changes
21. 56. 170 Advertisement
22. 56. 180 Revocation of Massage Establishment Permits
23. 56. 190 Procedure for Appeal of Denial or Revocation of Certificate of Compliance
24. 56. 200 Violation and Penalty
25. 56. 210 Enforcement

Section 5. 56. 010 Title

This Chapter shall be known as the " Massage Establishment Ordinance."

Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09; Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 020 Purpose and Intent

A. It is the purpose and intent of this Chapter to provide for the orderly regulation of

the business of massage in the City of Vista to protect the public health, safety and welfare by promulgating minimum standards for the establishment and operation of those businesses. B. It is the intent of the City Council that, unless otherwise indicated in this Chapter, all requirements, restrictions, and provisions of this Chapter shall apply to all massage establishments and their operations. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 76- 25, Amended 6/ 28/ 76; Ord. No. 77- 28, Amended 6/ 23/ 77; Ord. No. 88- 39, Amended 10/ 10/ 88; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 030 Definitions

City" shall mean the City of Vista.
Massage Establishment Permit" shall mean a certificate issued by the Director of

Economic Development, upon submission of satisfactory evidence that a massage establishment which requires a permit pursuant to Section 5. 56. 040 has satisfied each of the requisites for issuance of that permit pursuant to this Chapter.

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CAMTC" shall mean the California Massage Therapy Council created pursuant to Section 4602 of the Business and Professions Code. Day Spa" shall mean an establishment which offers a range of beauty or skin care services and beauty or skin care products for resale in addition to massage services, but whose annual gross revenue from massage services does not exceed 50% of the total annual gross revenue of the business. For the purposes of determining annual gross revenue, the total gross revenue from each massage therapist performing services at the day spa shall be added to the annual gross revenue of the day spa regardless of whether the massage therapists are employees or independent contractors. Exempt Massage Professional" shall mean a person within a profession described in subparagraphs 1, 2, 7 or 8 of paragraph ( B) of Section 5.56. 040, but only while providing an off- premise massage as a legitimate function of that person' s profession. Director of Economic Development" shall mean the Director of Economic Development for the City of Vista, or the designee of the Director of Economic Development. Independent Contractor" shall mean any massage therapist, other than an exempt massage professional, who offers to provide or does provide massage in the City and the massage therapist is: ( 1) not listed as an employee on a massage establishment' s employee and contractor list; or ( 2) is providing off-premise massage and, at that time, is not operating as an employee of a massage establishment. Massage" shall mean any method of treating the external parts of the body for remedial, health, or hygienic purposes by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice and shall include herbal body wraps. Massage Establishment" shall mean any fixed place of business, whether operated by a business, corporation, partnership, person, organization, or sole proprietorship, where any person engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of giving massage, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body. Massage Establishment Permit" shall mean a regulatory permit issued by the City of Vista pursuant to this Chapter to operate a massage establishment or to operate an off- premises massage business. Massage Establishment Employee and Contractor List" shall mean the list of every employee and independent contractor providing massage services at a massage establishment or on behalf of an off- premises massage business which is prepared, maintained, updated, and includes the information required by Section 5.56.70. C. Massage Therapist" shall mean any person who administers to another person, for any form of consideration, a massage. Off- Premises Massage" shall mean a massage: ( 1) provided at a location which does not qualify as a massage establishment; provided that (2) consideration is provided in exchange for the massage which may be provided to the therapist, the therapist' s employer, or any person acting as an agent, finder or intermediary for the therapist. An off-premise massage does not include a massage provided by a professional described in paragraph ( B) of Section 5. 56.040 if provided at the locations and in the manner specified in that paragraph. Off- Premise Massage Business" means any: ( 1) business which provides any off- premise massage in the City, ( 2) sole proprietorship which provides any off-premise massage in the City, or ( 3) person who provides any off-premise massage in the City while acting as an independent contractor, except a massage therapist shall not be classified as an off- premise

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massage business if the massage therapist is listed on a massage establishment employee and contractor list submitted to the City by the owners or operators of a massage establishment or an off-premises massage business holding a current and valid massage establishment permit. Operator" shall include any person or persons who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the operation, conduct, or activities of a massage establishment, an off premises massage business, or massage therapist who is on or should be on the massage establishment employee and contractor list for the massage establishment or off- premises massage business. Evidence of management or control includes, either alone or in combination, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, control access to premises ( e. g., possession of keys to site), create policy or rules, cause publication of advertisements for business, or purchase supplies. Any person with a current and valid State Therapist Certificate, when present at a massage establishment or at a location where the therapist is providing or is scheduled to provide an off-premises massage, shall be deemed to be in charge or control of, and an operator of a massage establishment or off- premises massage business. An operator also includes an owner. Owner" shall mean and include any of the following persons: 1. The individual( s) whose name appears on the City of Vista Business License for a massage establishment or off- premises massage business or on a Massage

establishment permit. 2. The sole proprietor of a sole proprietorship operating a massage establishment or an off- premises massage business. 3. Any general partner of a general or limited partnership that owns a massage establishment or an off- premises massage business. 4. Any person who owns at least ten percent of the share of a corporation that is an owner of a massage establishment or an off- premises massage business, unless that corporation is traded on a national stock exchange. 5. Any person who is a member of a limited liability company that owns a massage establishment or off- premises massage business. 6. Each owner of any type of business association that owns a massage establishment or off- premises massage business with an interest of ten percent or more. Person" shall mean any individual, corporation, partnership, association or other group or combination of individuals acting as an entity. Person Who has Engaged in Disqualifying Conduct" shall mean a person who: A. Within ten years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within ten years of the date of notice of revocation or suspension, whichever is applicable, has been convicted in a court of competent jurisdiction of any of the following: 1. A misdemeanor or felony offense that relates directly to the operation of a massage establishment or the performance of massage services ( whether as a massage establishment owner or operator, massage therapist, or massage therapist trainee). 2. A felony, the commission of which occurred on the premises of a massage establishment. B. Within ten years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within ten years of the date of notice of revocation or suspension, whichever is applicable, has had denied, suspended, or revoked for cause any permit or license issued by any governmental entity for any massage establishment, operator, massage practitioner, massage technician, or massage practitioner trainee.

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C. Within ten years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within ten years of the date of notice of revocation or suspension, whichever is applicable, has been convicted in a court of competent jurisdiction of any of the following: 1. A violation of California Penal Code Sections 220, 261, 266e, 266h, 2661, 314, 315, 316, 318, or 647( b), or when the prosecution accepted a plea of guilty or nolo contendere to any lesser related offense in satisfaction of, or as a substitute for, any of the crimes listed in this subsection. 2. A felony offense involving the sale of a controlled substance as defined or specified in California Health & Safety Code Sections 11054, 11055, 11056, 11057, or 11058. 3. Conspiracy or attempt to commit any offense listed in Subsection C. 1 or C. 2 of this section ( defining " Person who has engaged in disqualifying conduct"). 4. An offense in a jurisdiction outside the State of California which is the equivalent of any of the offenses specified in Subsection C. 1 through C. 3 of this section ( defining Person who has engaged in disqualifying conduct"). 5. Any offense involving dishonesty, fraud, deceit, or moral turpitude. D. Is required to register under the provisions of California Penal Code Section 290. E. Within ten years immediately preceding the date of the filing of the application in question, or in the case of a revocation or suspension proceeding, within ten years of the date of notice of revocation or suspension, whichever is applicable: 1. Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code Sections 11225- 11235 (" Red Light Abatement") or any similar provisions of law in a jurisdiction outside of the State of California. 2. Has engaged in conduct that would constitute an offense described in Subsections A or C of this section ( defining " Person who has engaged in disqualifying conduct"), irrespective of whether the person was charged or convicted of such an offense. 3. Has surrendered or had revoked a Massage Establishment Permit issued by the City or another jurisdiction due to the occurrence of violations of law in the operation, conduct, or maintenance of that massage establishment. Seated Massage or Chair Massage" shall mean any massage of the neck, arms, shoulders, and back area above the waist where the client is fully clothed, sitting in a special chair approved by a recognized massage therapy association, designed for the upper body massage and done without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. Sole Proprietorship" shall mean any business where the owner is the only person employed or used by that business to provide massage services. State Therapist Certificate" shall mean a valid, current, and unexpired certificate issued by the CAMTC to a either a: ( 1) massage therapist pursuant to Section 4604 of the Business and Professions Code; or (2) massage practitioner to Section 4604. 2 of the Business and Professions Code. Such a certificate shall constitute a State Therapist Certificate only with respect to the person to which the certificate has been issued. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 90- 17, Amended 5/ 29/ 90; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09; Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 040 Massage Establishment Permit Required; Exemptions

A. It shall be unlawful and a misdemeanor for any person to own, operate, engage in,

conduct, or carry on, or to permit to be engaged in, conducted, or carried on a massage establishment business or an off-premises massage business within the City without having first

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obtained a valid and current massage establishment permit pursuant to the provisions of this Chapter. A separate Massage Establishment Permit shall be required for each separate massage establishment operated by such person. The receipt of a Massage Establishment Permit does not negate the obligation to obtain a City business license in accordance with the provisions of Chapter 5. 04 of the Vista Municipal Code. B. A Massage Establishment Permit shall not be required for a location if all persons at that location fall into one of the following categories and are providing massages while performing duties of their respective professions: 1. Physicians, surgeons, chiropractors, or osteopaths that are duly licensed to practice their respective professions in the State of California under the provisions of the California Business & Professions Code, while performing activities encompassed by such professional licenses and so long as all massage services are performed under the supervision of such medical professional. 2. Nurses or physical therapists who are duly registered or licensed to practice their respective professions in the State of California under the provisions of the California Business & Professions Code, while performing such activities encompassed by such professional licenses and so long as all massage services are performed under the supervision of such medical professional. 3. Acupuncturists and other health care personnel engaged in the healing arts that are regulated and licensed by the State of California pursuant to the California Business & Professions Code, Division 2, excluding massage therapists (B& P Division 2, Chapter 10. 5), while performing activities encompassed by such professional licenses and so long as all massage services are performed under the supervision of such medical professional, and are providing massage from a fixed and permanent location of business. 4. Barbers and beauticians who are duly licensed under the laws of the State of California under the provisions of the California Business & Professions Code, but only provided that they are lawfully engaged in providing the professional services performed pursuant to such license and are providing massage from a fixed and permanent location of business. 5. Hospitals, nursing homes, sanatoriums, or other health facilities duly licensed by the State of California. 6. Day spas as defined in this Chapter that have a current and valid Retail Sellers Permit/ License as issued by the California Board of Equalization, provided that any massage is provided from a fixed and permanent location of business and each person providing a massage holds a State Therapist Certificate. 7. Coaches and trainers in accredited high schools, junior colleges, and colleges or universities acting within the scope of their employment. 8. Individuals administering massages or seated massages to persons participating in single-occurrence 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 met: a. The massage services are made equally available to all participants at the event. b. The event is open to participation to the general public or a significant segment of the public such as employees of sponsoring or participating companies. C. The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event. For purposes of this section, " immediately preceding or immediately following" shall mean either two hours prior or two hours after the scheduled event. d. The sponsors of the event have been advised and have approved the provisions of massage services.

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e. The persons providing the massage services are not the primary

sponsors of the event. f. All massages are performed in public view and massage recipients are fully clothed. g. The massage services are provided solely by persons with State Massage Therapist Certificates. Prior Code 1613; Ord. No. 73- 13, Amended 3/ 26/ 73; Ord. No. 88- 39, Amended 10/ 10/ 88; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 4, Amended 2/ 10/ 09; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 050 Application for Massage Establishment Permit

A. Application. Applications for a Massage Establishment Permit shall be filed with the Director of Economic Development or the Director of Economic Development' s designee on a City-approved form. Each application shall contain and/ or be accompanied by, at a minimum, the following: 1. The full true name under which the business will be conducted. 2. The address where the business is to be conducted for a massage establishment, or the address of the business office for an off- premise massage business. 3. The applicant' s full, true name, any other names used. 4. The applicant' s date of birth. 5. The applicant' s present residential address and telephone number. 6. The applicant's driver's license and/ or identification card issued by a state or federal governmental agency, or other photographic identification bearing a bona- fide seal by a foreign government. 7. If the owner is a domestic stock, domestic non- profit and qualified foreign corporation, limited liability company, general partnership, or limited partnership, the owner shall include copies of the following: a. A business entity status report issued by the California Secretary of State. b. Organizational documents for the business entity. C. Full name, residential address, and business address for each person with more than a five percent interest in the massage establishment business. 8. Tax identification number for the business. 9. The name, address, email address, and telephone number of the real property owner and a copy of the lease or rental agreement, if applicable. 10. State Therapist Certificate issued pursuant to Chapter 10. 5 of the California Business & Professions Code for each owner who has been issued a certificate, or a statement that such a certificate has not been issued or has been previously revoked or cancelled with information regarding such revocation or cancelation. 11. A complete statement listing and explaining any and all aliases and fictitious names used by the owner( s) within the last five years. 12. A list, broken down for each owner or manager of the massage establishment or off- premises massage business presenting all criminal convictions, including pleas of nolo contendre, within the last ten years, including those dismissed or expunged pursuant to Penal Code Section 1203. 4, but excluding minor traffic violations, and the date and place of each such conviction, as well as the reason therefor. 13. A complete set of fingerprints taken for each owner. 14. A signed statement authorizing the City and/ or Sheriff of the County of San Diego, through their officers, agents and employees, to conduct a background check of the

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owner( s) to seek information and conduct an investigation into the trust of the statements set forth in the application and to ensure continual compliance with all applicable provisions of the law. 15. A signed acknowledgement that the owner( s) shall be responsible for the conduct of all employees or independent contractors working on the premises of the business and acknowledging that failure to comply with California Business & Professions Code Section 4600 et seq., with any local, state, or federal law, or with the provisions of this Chapter may result in the suspension or revocation of the Massage Establishment Permit. 16. A signed statement by each owner that they have received a copy of the Chapter, understands its contents and the duties imposed on an owner, operator or manager, as the case may be. 17. The massage establishment employee and contractor list required by Section 5. 56.070. C, inclusive of all information required therein. 18. A statement in writing and dated by the applicant that he or she certifies under the penalty of perjury that all information contained in the application is true and correct. 19. If, during the term of a permit, the permit holder has any change in information submitted on the original or renewed application, the permit holder shall notify the City of any such change in writing within ten days of such change. 20. Payment of a permit fee sufficient to cover the costs of the permitting activities as established by City resolution, along with an additional payment to cover the costs of any live- scan or similar background check undertaken by the City pursuant to the terms of this Chapter. B. Term of Validity; Renewal. Every Massage Establishment Permit issued pursuant to the provisions of this Chapter shall expire on June 30 regardless of the date of issuance, unless prior thereto revoked by the City or surrendered by the certificate holder. The requirements and process for the renewal certificate shall be the same as for initial Massage Establishment Permit as set forth in this section. C. Authority to Promulgate Regulations. The Director of Economic Development shall have the power and authority to promulgate rules, regulations, and requirements consistent with the provisions of Chapter 10. 5 of the Business & Professions Code and this Chapter in connection with the issuance of Massage Establishment Permits. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 060 Massage Establishment Permit Denial and Appeal

A. The Director of Economic Development may deny an application for a Massage Establishment Permit or a renewal of that permit for one or more of the following reasons: 1. The application is incomplete and the required supplementary documents were not submitted within 20 days of a request for those documents by the Director of Economic Development. An applicant whose application is denied for failure to comply with this subsection is not eligible to reapply for 180 days. 2. The Director of Economic Development determines, based on substantial evidence, that the applicant made a material misstatement or omission in the application or in a previous application for a Massage Establishment Permit. If that misrepresentation is found to be or intentional, the applicant is ineligible to reapply for five years. If the materialknowing misrepresentation is not knowing or intentional, the applicant may reapply in 180 days. 3. The massage establishment or off- premises massage business, as proposed, would not comply with all applicable laws, including but not limited to the provisions of this Code and the Development Code. 4. The applicant proposes to locate the massage establishment in the same building as a massage establishment that surrendered its permit or had its permit revoked within

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five years of the application date because a person engaged in any criminal conduct and/ or violation of this Chapter while on the premises of the former massage establishment. 5. A person listed on the application for the Massage Establishment Permit as an owner or operator, or who should have been listed on the application, is a person who engaged in disqualifying conduct. An applicant whose application is denied based on this subsection is not eligible to reapply for 180 days. 6. The applicant, if a person, is a minor. B. The Director of Economic Development or the Director of Economic Development' s designee shall notify the applicant by dated written notice of the denial. The applicant shall have the right to appeal the decision of the Director of Economic Development to the City Manager by filing a request for an appeal with the Director of Economic Development within ten calendar days of the date of issuance of the notice in accordance with the provisions of Section 5. 56. 190 of this Chapter. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 070 Massage Establishment Operating Requirements

No owner, operator, or person shall engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, the business of a massage establishment or an off- premise massage business, unless each and all of the following requirements are met, and every such requirement shall be deemed a condition of all Massage Establishment Permits: A. The owner and/ or operator of a massage establishment or off- premises massage business shall be responsible for the conduct of each employee, independent contractor, or other person acting as a massage therapist on the premises of the establishment or on behalf of the off- premises massage business. The owner and/ or operator shall be responsible for ensuring that each employee, independent contractor, or other person acting as a massage therapist provides massage services in compliance with the regulations of this Chapter and Business & Professions Code, Division 2, Chapter 10. 5. Any act or omission of any employee, independent contractor, or other person acting as a massage therapist constituting a violation of the provisions of this Chapter or of Chapter 10. 5 of Division 2 of the Business & Professions Code shall be deemed the act or omission of the owner and/ or operator for all purposes. B. It is unlawful for any owner, operator, employee, or massage therapist in control of an off- premises massage business or a massage establishment ( unless exempted pursuant to Section 5. 56. 040. B) to employ or permit a person to offer to provide or to provide a massage unless that person holds a State Therapist Certificate. C. Each owner and operator shall assure that a complete and current massage establishment employee and contractor list is maintained for each massage establishment or off- premises massage business. The massage establishment employee and contractor list shall list all employees and independent contractors acting on behalf or in association with the massage establishment or off- premise massage business. The list shall: ( 1) identify each massage therapist who will offer, is offering, or is providing services or massages at the massage establishment or on behalf of the off- premises massage business; ( 2) the therapist' s full name and any aliases or nicknames used by the therapist; ( 3) the therapist' s home address; ( 4) the therapist' s State Massage Certificate number; ( 5) a statement whether the massage therapist is an employee or independent contractor; and ( 6) if the therapist is an independent contractor, the business license number issued to that independent contractor. A copy of the massage therapist employee and contractor list shall be provided to the City concurrently with the initial application for a Massage Establishment Permit, and shall be updated before new massage therapists commence offering massages as employees or independent contractors for the massage

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establishment or the off- premises massage business. If available, the required information shall be presented using a form prepared and circulated by the City. D. Each owner and operator of a massage establishment or an off- premises massage business shall assure that the establishment or business only offers to provide and only provides massages through persons included on the current massage establishment employee and independent contractor list with the City on behalf of that establishment or business. E. Each massage establishment shall have on display its Massage Establishment Permit and a color copy of the State Therapist Certificate and CAMTC- issued identification card for each massage therapist providing massage services at the establishment. All such certificates and identification cards shall be displayed in an open and conspicuous place on the premises where visible to patrons. When present at a massage establishment or providing or preparing to provide an off- premises massage, each massage therapist shall have in his or her possession his or her CAMTC- issued identification card and photographic identification sufficient to confirm that he or she is the person to whom the State Therapist Certificate was issued. F. Massage establishment operations and off- premises massage business operations shall be carried on or conducted, and the premises may be open only between the hours of 6: 00 a. m. and 10: 00 p. m. No person shall administer or permit another to administer a massage at a massage establishment between the hours of 10: 00 p. m. and 6: 00 a. m., and all customers and patrons shall be excluded from the massage establishment during these hours, even if a treatment or a massage initiated during permitted operational hours remains incomplete. The hours of operation shall be prominently displayed in a conspicuous public place in the lobby within the massage establishment and at the front entrance clearly visible from the outside. G. A list of services available and the cost of such services shall be posted at a massage establishment in an open public place within the premises, such as a reception or lobby area, and shall be described in readily understandable terms. All letters and numbers shall be capitals measuring not less than one- half inch in height. An off-premises massage business shall maintain such a list in written form and shall assure that each massage therapist carries such a price list when visiting an off- premises location and provides a copy for viewing to any client prior to agreeing on or providing a massage. H. No massage establishment or off- premises massage business shall permit the offering of services, the provision of services, or the collection of a fee for services other than those posted at a massage establishment or set forth on a list in compliance with Subsection 5. 56. 070. G. I. Arrangements for massage services shall be made and payment for said massage services shall be received prior to the performance of any massage service. J. Arrangements for massage services to be provided at a massage establishment shall be made in a room in the massage establishment that is not used for the administration of massage services, such as a lobby or reception area. K. All payments for massage services at a massage establishment shall be made in a room in the massage establishment that is not used for the administration of massage services, such as a lobby or reception area. L. No massage therapist shall solicit or offer to perform for any patron any additional massage service after such massage therapist has commenced the performance of any massage service for such patron. M. A massage therapist shall not, after the commencement of any massage services for any patron, advise, suggest, or otherwise indicate to such patron that any additional service is available, or ask or inquire of such patron whether such patron desires any additional service to be performed. A massage therapist shall not perform any service for any patron which was not ordered or arranged for by such patron prior to the commencement of performance of any service rendered.

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N. A massage therapist shall not solicit any form of gratuity or pay from any patron for any services rendered, nor shall any massage therapist accept any form of gratuity or pay directly from any patron. O. A massage may not be carried on within any cubicle, room, booth, or any area within a massage establishment, which is not immediately accessible to supervisory, safety, or inspection personnel during all hours of operation. P. During a massage, and immediately before or after a massage, a massage therapist' s attire: 1. May not be transparent, see- through, or arranged to substantially expose the massage therapist' s undergarments. 2. May not consist of swim attire, unless the therapist is in the process of providing the client with a water- based massage modality approved by the CAMTC. 3. May not be arranged to expose the therapist' s breasts, buttocks, or genitals. 4. May not produce a condition in violation of Section 314 of the Penal Code. Q. A massage shall not be given unless the patron' s genitals and pubic area are fully covered and, in addition, a female patron' s breasts are fully covered. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus, or areola of a patron. R. Alcoholic beverages shall not be permitted in any portion of a massage establishment. No person shall enter, be or remain in any part of a massage establishment while in possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager, or permittee shall not permit any such person to enter or remain on such premises. S. All exterior doors at a massage establishment shall remain unlocked from the interior side during business hours. T. For a massage establishment, doors to room, cubicles, booths, or other areas in which massage services are being performed shall be non- lockable and shall not be equipped with a " peep hole," camera, or any other device that allows one to see into or out of the room when the door is closed. U. Massage establishments shall at all times be equipped with an adequate supply of clean towels, coverings and linens, which shall be stored in cabinets with doors. Towels and linens shall not be used on more than one patron, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and towels shall be deposited in separate, approved receptacles. V. For a massage establishment, bathrooms shall be thoroughly cleaned and disinfected with a disinfectant as needed and at least once each day the premises are open. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. W. Instruments for performing massage shall not be used on more than one patron unless they first have been properly sanitized. X. No massage establishment or off- premises massage business shall operate a school of massage, or use the same facilities as that of a school of massage. Y. The owner or operator of each massage establishment or an off- premises massage business shall keep a written record in English of the date and hour of each treatment administered, the name and address of each patron, the name of the massage therapist administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with the enforcement of this Chapter. Such records shall be kept on the premises of the massage establishment, or in the designated offices of the off- premise massage business, for a period of two years.

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Z. The owner or operator of each massage establishment and each off- premises

massage business shall file with the Director of Economic Development annually, documents issued by an insurance company authorized to do business in the State of California evidencing that the massage establishment or business is insured under a liability insurance policy providing minimum coverage in an amount of$ 250, 000, or such higher amount as may be set by resolution of the City Council, for injury or death to one person arising out of the operation of any massage establishment or business. Such insurance shall be kept in full force and effect at all times. AA. No part of a massage establishment shall be used for residential or sleeping purposes. No cooking or food preparation shall be allowed on the premises unless performed in a full service kitchen. Such a kitchen shall be for the sole use of employees and shall be installed in an " employee only" area. The full service kitchen shall have a minimum of a sink with hot and cold running water, a refrigerator, a microwave or stove and sufficient cabinets to store cooking utensils. AB. The massage establishment, the off- premises massage business, and each massage therapist acting on behalf of such establishment or business shall comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 88- 39, Amended 10/ 10/ 88; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 080 Massage Establishment Facility Requirements

Every massage establishment shall maintain facilities meeting the following requirements, and each such requirement shall be deemed a condition of the Massage Establishment Permit: A. Minimum lighting shall be provided in accordance with Article 220 of the National Electric Code, and in addition, at least one artificial light of not less than 40 watts shall be provided in each room or enclosure where massage services are performed on patrons. The artificial light shall be on at all times the room or enclosure is occupied by a patron. B. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. C. Hot and cold running water shall be provided at all times. D. Cabinets shall be provided for storage of clean linens. E. Adequate dressing and toilet facilities shall be provided for patrons. F. Pads used on massage tables shall be covered with durable washable plastic or

other waterproof material. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 090 Seated Massage

It shall be unlawful for any person to provide seated massages unless the person holds a

State Therapist Certificate. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 100 Off- Premises Massage

It shall be unlawful for any person to provide an off-premises massage unless the person

holds a State Massage Therapist Certificate. All off- premises massages shall be subject to the following restrictions:

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A. No massage therapist shall provide off-premises massage to any person under the age of 18 unless a parent or guardian is present or provides a signed written consent prior to the commencement of the massage. 1. No person under the age of 18 years shall receive an off- premises massage from a massage therapist unless a parent or guardian is present or provides a signed written consent prior to the commencement of the massage. B. Any massage therapist performing off-premises massage must comply with the operating standards set forth in Subsections 5.56.070. G, H, I, L, M, N, P, Q, W, and Y. C. No massage therapist shall provide off-premises massage at any hotel room, motel room, or commercial establishment, except within the office of the person receiving the massage. For purposes of this section, a hotel room or motel room is not considered an office. D. Off-premises massage may be conducted at the customer' s residence, but shall not be conducted at the residence of the massage therapist. For purposes of this section, a hotel room or motel room is not considered a residence. E. Massage therapists performing off- premises massages shall comply with the Vista Development Code, including obtaining a Home Occupation Permit, if applicable, subject to a prohibition on providing massages at the permittee' s residence. F. Off-premises massage may only be conducted between the hours of 9: 00 a. m. and 10: 00 P. M. G. Massage therapists performing off- premises massage services as authorized by this Chapter shall maintain written record of all off- premises massage services performed in the City. Records shall be made of each appointment at which services were provided and shall include the following information in English: 1. Date and time off- premises massage services were provided. 2. Patron' s full name and residential address. 3. Address where off- premises massage services were provided. 4. Full name of massage therapist providing services. 5. Type of treatment administered. These records shall be retained at the massage therapist' s principal place of business for at least two years beyond the date services were provided. These records shall be open to inspection upon request by officials charged with enforcement of this Chapter in order to ensure compliance with this Chapter, or any other applicable local, county, state, or federal law or regulation. H. Upon demand by any official charged with enforcement of this Chapter, a massage therapist performing off-premises massage services shall provide satisfactory evidence that the massage therapist has a State Therapist Certificate. I. It is unlawful for a person to provide an off- premises massage unless that person is listed on a current massage establishment employee and contractor list for a massage establishment or an off- premises massage business. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 110 Massage Establishment Inspections

A. As a condition of any Massage Establishment Permit, the owner and/or operator

agrees and consents to inspections of the premises by City Building, Fire and Code Compliance personnel, or any other official designated with enforcement of this Chapter, for purposes of determining compliance with the provisions of this Chapter and other applicable regulations, ordinances, and laws.

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B. Each massage establishment owner and operator shall take immediate action to

correct each violation noted. A re- inspection will be performed within 30 days to ensure that each violation noted in the inspection has been corrected.

C. The owner and operator shall cause to be conspicuously posted so that the same

may be readily visible to persons in the reception area of the massage establishment, in letters that are a minimum of one inch in height, a notice in English which announces substantially as follows: THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE CITY AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE.

In addition, operators are encouraged to post this notice in language( s) that are

best understood by customers of the massage establishment. D. No person shall refuse to permit, cause delay of, or interfere with, a lawful inspection or compliance check of the premises by the officials listed in division (A) of this section at any time. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 120 Massage Establishment Permits Not Assignable

A Massage Establishment Permit may not be sold, transferred or assigned by the holder of said certificate, or by operation of law, to any other person or persons. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment, shall be deemed to constitute a voluntary surrender of such certificate and such certificate shall thereafter be deemed terminated and void, provided and excepting, however, that if the certificate holder is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting the surrender or termination of such certificate and in each case the certificate holder shall thereafter be deemed to be the surviving partner( s). A Massage Establishment Permit issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred, or assigned after the issuance of a certificate, or any stock authorized, but not issued at the time of the granting of the certificate is thereafter issued or sold, transferred, or assigned so that a new owner, as defined in this Chapter, results. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 130 Change of Location or Name, Separate Location

A. A change of location of any massage establishment must first be approved by the

Director of Economic Development who must determine, prior to approval, that all ordinances and regulations of the City be complied with at any proposed new location. A change of location shall also require a permit holder and license holder to file for a new business license and a new Massage Establishment Permit. B. No massage establishment or off- premises massage business shall operate under any name or specified in its Massage Establishment Permit.

5. 56 ( 13) Vista 7/ 8/ 15)

Vista Municipal Code

C. Any application for an extension or expansion of a building or other place of

business of a massage establishment shall require compliance with Section 5. 56. 080 of this Chapter and all applicable building and development/ zoning code provisions. D. A separate Massage Establishment Permit shall be required for each location of a

massage establishment. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 140 Business License Requirements Not Waived

A. Although an owner of a massage establishment or an off- premises massage business may hold a Massage Establishment Permit, the owner is required to obtain a business license and pay the resulting business license tax in accordance with Chapter 5. 04. B. Before allowing an independent contractor to commence work in a massage establishment or for an off- premises massage business, the owner shall obtain a current and valid copy of the independent contractor' s business license issued by the City of Vista pursuant to Chapter 5. 04 which the owner shall maintain on the premises of the massage establishment or in the business offices of the off- premises massage establishment. Prior Code 1613; Ord. No. 73- 13, Added 3/ 26/ 73; Ord. No. 2007- 3, Repealed and Replaced 5/ 8/ 07; Ord. No. 2009- 24, Repealed and Replaced 12/ 1/ 09, Ord. No. 2015- 9, Amended 5/ 12/ 15)

Section 5. 56. 150 Massage Therapist Regulations

Each massage therapist must satisfy each of the following:
A. Except for massages provided by professionals in the manner described in Section