Title 5 - Business Licenses and Regulations
Chapters:
5.04 Cable Television Franchise
5.08 Retail Beer and Wine Sales
5.12 Retail Liquor Sales
Chapter 5.04 Cable Television Franchise
Sections:
5.04.010 Definitions.
5.04.020 Grant of authority.
5.04.030 Non-exclusive grant.
5.04.040 Term of franchise.
5.04.050 Condition of street occupancy.
5.04.060 Safety requirements.
5.04.070 System construction and extension.
5.04.080 Operational standards; Force majeure.
5.04.090 Local office, complaint’s.
5.04.100 Rates.
5.04.110 Franchise payments.
5.04.120 Indemnification of city.
5.04.130 Procedures.
5.04.140 Procedure upon termination.
5.04.150 Approval of transfer.
5.04.160 Miscellaneous provisions.
5.04.170 Compliance with applicable laws and
ordinances.
5.04.180 Violations: Penalties.
5.04.190 Line severing.
5.04.200 Severability.
5.04.010 Definition When used in this ordinance, unless the
context otherwise requires, the following terms and their derivatives shall
have the meaning herein given (and when not inconsistent with the context,
words used in the present tense include the future, words in the plural number
include the singular, and words in the singular number include the plural):
A. “City”
means the Local Government of the City of
B. “City
Council” means the governing body of the City.
C. “Grantee” means T.C.I. Cablevision of
Montana, Inc., Dillon, its successors and assigns, the grantee of rights under
this ordinance.
D. “Persons”
means any natural person, company or entity of any kind.
E. “Franchise
area” means that area within the geographic limits of the City.
F. “Street”
means the surface of and the space above and below any public street, way,
place, right-of-way, road, highway, freeway, bridge, tunnel, lane, path,
bike-path, alley, court, sidewalk, parkway, drive, communications or utility
easement, by whatever named called, now or hereafter existing as such within
the franchise area.
G. “Property
of Grantee” mean all property owned, installed or used by the Grantee in the
conduct of a CATV business in the City.
H. “CATV”:
means a cable television system.
I. “Cable
Television System” means a system composed of, without limitation, antenna,
cables, wires, lines, towers, wave guides, or any other conductors, converters,
equipment or facilities, designed, constructed or wired for the purpose of
producing, receiving, amplifying and distributing by coaxial cable radio,
television or other electronic or electrical signals to and from persons, subscribers
and locations in the franchise area.
J. “Basic
CATV Service” means the distribution of broadcast television signals by the
Grantee.
K. “Subscriber”
means any person or entity receiving and paying for basic CATV service.
L. “Gross
Subscriber Revenue” include total revenues from basic CATV services, and total
revenues from HBO, CINEMAX, SHOWTIME, DISNEY, and/or any other pay TV
programming less program costs, but shall not include any taxes on services
furnished by the Grantee imposed on any subscriber or user by any government,
governmental unit, political subdivision, agency or instrumentality, and
collected by the Grantee.
5.04.020 Grant of
authority There is hereby
granted by the City to the Grantee the right and privilege to engage in the
business of operating and providing a CATV system within the City and for the
purpose to erect, install, construct, repair, replace, reconstruct, maintain
and retain in, on, over, under, upon, across and along any street or streets
laid out or dedicated and extensions thereof and additions thereto in the
franchise area, such poles, wires, cable, conductors, ducts, conduit, vaults,
manholes, pedestals, amplifiers, appliances, attachments, and other property as
may be necessary and appurtenant to the CATV system; and in addition, so to
use, operate, and provide similar facilities or properties rented or leased
from other persons, including but not limited to any public utility or other
grantee franchised or permitted to do business within the City.
5.04.030 Non-exclusive
grant The right to use and
occupy said streets for the purpose herein set forth, shall not be exclusive in
the Grantee.
5.04.040 Term of
franchise The franchise and
rights herein granted shall commence thirty (30) days from the final passage
hereof and shall continue in force and effect for twenty (20) years after said
effective date. Upon application by the
Grantee to the City, the franchise may be renewed for subsequent twenty (20)
year periods.
5.04.050 Condition of
street occupancy
A. All transmission and
distribution structures, poles, lines and equipment installed or erected by the
grantee within the franchise area shall be so located as to cause minimum
interference with the proper use of streets and with the rights and reasonable
convenience of property owners who adjoin any of the said streets. The CATV system shall be constructed and
operated in compliance with applicable governmental construction and electrical
codes.
B. In case of disturbance of any street or paved area the Grantee
shall, at its expense and in a manner approved by the City, replace and restore
such street or paved area in as good condition as theretofore.
C. The Grantee shall, at its expense, protect, support,
temporarily disconnect, relocate in the same street or other public place, or
remove from the street or other public place any property of the Grantee when
lawfully required by the City by reason of traffic conditions, public safety, street
vacating, freeway and street construction, change or established or street
grade, installation of sewers, drains, gas or water pipes, or any other type of
structures or improvements by the City; but, the Grantee shall in all cases
have their right of abandonment of its property, subject to City Ordinances,
and if public funds are available to any utility company for the purpose of
defraying the cost of any of the foregoing, such funds shall also by made
available to the Grantee.
D. The Grantee shall, on the request of any person holding a
building moving permit issued by the City, temporarily raise or lower its wires
to permit the moving of buildings, provided: (i) the expense of such temporary
raising or lowering of wires is paid by said person, including if required by
the Grantee, making such payment in advance; and (ii) the Grantee is given not
less than three business days advance notice to arrange for such temporary wire
changes.
E. The Grantee shall have the authority to trim trees overhanging
any streets in the franchise area so as to prevent branches from coming in
contact with the Grantee’s wires and cables, except that at the option of the
City such trimming may be done by it or under its supervision and direction at
the Grantee’s expense.
F. Subject to any applicable state or federal regulations or
tariffs, the City shall have the right to make additional use, for any public
purpose, of any poles or conduits controlled or maintained exclusively by or
for the Grantee in any street, provided: (i) such use by the City does not
interfere with the use by the Grantee; and (ii) the City holds the Grantee
harmless against and from all claims, demands, causes of actions, suits,
action, proceedings, damages, costs or liabilities of every kind and nature
whatsoever arising out such use said poles or conduits.
5.04.060 Safety
requirements
A. The Grantee shall at all times employ ordinary care and shall
install and maintain in use commonly accepted methods and devices for
preventing failure and accidents which are likely to cause damage, injuries or
nuisances to the public.
B. All structures and all lines, equipment and connections in,
over, under and upon all streets of the franchise area shall be kept and
maintained in a safe and suitable condition and in good order and repair.
5.04.070 System
construction and extension
A. The Grantee is hereby authorized to extend the system within
the franchise area to the extent that such extension is or may become
technically and economically feasible.
B. Whenever the Grantee shall have received written requests for
service from at least fifteen (15) subscribers within 400 cable meters (1300
cable feet) of its aerial truck cable, or from at least twenty-five (25)
subscribers within 400 cable meters (1300 cable feet) of its underground trunk
cable, it shall extend its system to such subscribers solely for the usual
connection and service fees for all subscribers, provided that such extension
is technically and economically feasible.
The 400 meters shall be measured in extension length of Grantee’s cable
required for service located within the public way or easement and shall not
include length of necessary drop to the subscriber’s home or premises.
C. No person in the Grantee’s service area shall be arbitrarily
refused service; but in recognition of the capital costs involved in unusual
circumstances, including, without limitation, instances when the distance from
distribution cable to connection of service to subscribers is more that 45
meters (150 cable feet) or when a subscriber density exists less than the
density specified hereinabove, services may by made available on the basis of
costs of materials, labor and easements, in order to prevent inequitable
burdens on cable subscribers in more densely populated areas.
D. For all residential structures hereinafter erected which are to
be served by underground utilities, the developer of the subdivision or
development may require CATV service for this development under the following
conditions: but otherwise the Grantee
shall not be obligated to construct CATV system in such new development: Developer shall perform all trenching and
back filling necessary for the provisions of cable television service, in compliance
with the provision of the ordinance of the City of Dillon, including furnishing
of any imported back fill material required, and will furnish and install for
the Grantee any necessary distribution conduit and substructures, including
pedestals, required in accordance with the Grantee’s plans and
specifications. Developer may enter into
a written agreement with the Grantee whereby such costs may be reimbursed to
the developer by Grantee at the rate of fifty percent (50%) of basic subscriber
revenues generated from CATV service supplied within the development over a
period not to exceed three (3) years.
In addition to providing plans and specifications to the developer, the
Grantee shall inspect the facilities required hereunder, and certify to the
City prior to final approval of the subdivision or development that the
facilities required herein are property installed. The City shall have the right to review and
require its approval of the maps and specifications provided by the Grantee. The cost of that portion of an extension to a
subdivision or development shall be borne by the developer. Facilities installed hereunder shall be
owned, operated, and maintained by Grantee.
5.04.080 Operational
standards; force majeure
A. The Grantee shall operate and maintain its cable television
system in full compliance with the standards set forth by the Federal
Communications Commission.
B. The Grantee shall have no obligation to construct or extend the
system, nor to provide, repair, replace, maintain or operate CATV service, for
any cause beyond Grantee’s control, including, without limitation, acts of God,
fire, flood, earthquakes, hurricane, unavoidable casualty, extraordinary delays
in transportation, strikes, lockouts, picketing, boycotts, embargoes,
government orders or other requirements, acts of civil commotion, energy
shortages, acts or omissions of carriers, or activities or other emergency
conditions including weather conditions incompatible with good quality
workmanship.
5.04.090 Local office,
complaints The Grantee shall
maintain a local business office or agent which subscribers may telephone
during regular hours without incurring added message or toll charges, so that
complaints regarding cable television operations may by promptly reported to
the Grantee.
5.04.100 Rates The Grantee shall maintain on file with the
Clerk of the City of
5.04.110 Franchise
payments The Grantee shall pay
the City, on or before each February 1st, a franchise fee of up to
five percent (5%) of gross subscriber revenues received for cable television
operations within the City for the preceding calendar year, and no other fee,
charge or consideration. The Grantee
shall provide an annual summary report showing annual gross subscriber revenues
received during the preceding year.
5.04.120
Indemnification of city
A. The Grantee shall at all times protect and hold the City
harmless from all claims, actions, suits, liability, loss, expense or damages
of every kind and description, including investigation costs, court costs, and
reasonable attorney’s fees, which may accrue to or be suffered or claimed by
any person or persons arising out of negligence of the Grantee in the ownership
construction, repair, replacement, maintenance and operation of said cable
television system and by reason of any license, copyright, property right or
patent of any article or system used in the construction or use of said system,
provided the City gives the Grantee prompt notice of any such claims, actions,
and suits, without limitation, in writing.
The Grantee shall maintain in full force and effect during the life of
any franchise, public liability and property damage insurance for an amount of
at least Three Hundred Thousand Dollars ($300,000.00) single-limit liability
from the time of commencement of construction of the CATV system.
All such insurance may contain reasonable deductible provisions not to
exceed One Thousand Dollars ($1,000.00) for any type of coverage. The City may require that any and all
investigation of claims made by any person against the City arising out any use
or misuse of privileges granted to the Grantee hereunder shall be made by, or
at the expense of the Grantee or its insurer.
The Grantee may bring its obligations to carry any insurance required
hereby within the coverage of any so-called blanket policy or policies of
insurance on or hereafter carried, by appropriate amendment, endorsement or
otherwise, provided, however, the interests of the City shall be as fully
protected thereby as if the Grantee had obtained individual policies of
insurance.
5.04.130 Procedures
A. Any inquiry, proceeding, investigation, or other action to be
taken or proposed to be taken by the City in regard to the operations of the
Grantee’s cable television system, shall be taken only after thirty (30) days
written notice to the Grantee of such action or proposed action, and the
Grantee has been given an opportunity to respond in writing and at any hearing
which may be specified by the City.
B. The notice required by this section, shall state clearly the
action or proposed action to be taken, the time provided for response and the
person in authority to whom such responses should be addressed, and such other
procedures as may be specified by the City.
If a hearing is to be held, the notice shall give the date and the time
of such hearing, whether public participation will be allowed and the
procedures by which such participation may by obtained. The Grantee shall be necessary party to any
hearing conducted in regard to its operation.
5.04.140 Procedure
upon termination Upon expiration of
the franchise, if the Grantee shall not have acquired an extension renewal
thereof and accepted the same, it may have and it is hereby granted, the right
to enter upon the streets or other property of the City, for the purposed of
removing therefrom any or all of its property or otherwise in so removing said
property, the Grantee shall refill, at its expense, and excavation that it
shall make and shall leave said streets is as good condition as that prevailing
prior to the Grantee’s removal of its property.
5.04.150 Approval of
transfer The Grantee shall not
sell or transfer its plant or system nor transfer any rights under this
franchise to another without the City Council’s approval. No sale or transfer shall be effective until
the vendee, assignee or lessee has filed in the office of the Clerk an
instrument duly executed reciting the fact of such sale, assignment or lease,
accepting the terms of the franchise and agreeing to perform all the conditions
thereof. Such Council approval shall not
be unreasonably withheld and neither the Section nor other Sections of this
franchise shall prelude the mortgaging, hypothecating, or assigning of rights
in the system or THE PLEDGE OF STOCK BY THE Grantee for the purpose of
financing.
5.04.160 Miscellaneous
provisions
A. When not otherwise prescribed herein, all matters herein
required to be filed with the City shall be filed with the Clerk.
B. In the case of any emergency or disaster, the Grantee shall,
upon request of the City make available its facilities to the City for
emergency use during the emergency or disaster period.
5.04.170 Compliance
with applicable laws and ordinances The Grantee shall at all times
during the life of this franchise be subject to all lawful exercise of the
police power by the City. The City
reserves the right to adopt from time to time in addition to the provisions
herein contained such ordinances as may be necessary to the exercise of police
power. Such regulation shall be
reasonable and not in derogation of the rights herein granted, nor in conflict
with the laws of the State or other local of Federal laws or regulations.
5.04.180
Violations: Penalties
A. From and after the effective date of this Ordinance, it shall
be unlawful for any person to construct, install or maintain within any public
street within the City, or within any other public property of the City, or
within any privately-owned area within the City which has not yet become a
public street but is designated or delineated as a proposed public street on
any tentative subdivision may approved by the City, any equipment or facilities
for distributing any television signals or radio signals through a CATV system,
unless a franchise authorizing such use of such street or property or area has
first been obtained, and unless such franchise is in full force and effect.
B. It shall be unlawful for any person to many any unauthorized
connection, whether physically, electrically, acoustically, inductive, or
otherwise, with any part of the franchised CATV system within the City for the
purpose of enabling anyone to receive any television signal, radio signal,
picture, sound, or other transmission without payment to Grantee.
C. It shall be unlawful for any person, without the consent of the
owner, willfully to tamper with, remove or injure any cables, wires or equipment
used for distribution of television signals, radio signals, pictures, sound or
other transmission.
D. Any person violating or failing to comply with any of the
provisions of this Section shall be guilty of a misdemeanor and for each day of
violation of failure to comply may be punished by a fine not to exceed five
hundred ($500.00) dollars, imprisonment for a term not to exceed six (6)
months, or both. Jurisdiction for such
violation shall be in the Police Court of Dillon.
5.04.190 Line severing If any time the Grantee’s cable and/or other
equipment is disturbed, damaged, or severed the cost of repair shall be paid by
the party responsible for said damage.
The Grantee may charge the responsible party for the time and materials
expended for repair of said damage. The
City will cooperate with the Grantee to assist in enforcing any charge or
penalty arising from cable severing or other damage to Grantee’s property.
5.04.200 Severability If any part of this Ordinance is for any reason
held invalid by the decision of any court or regulation body of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions. The invalidity of any portion
of this Ordinance shall not abate, reduce or otherwise affect any consideration
or other obligation required of the Grantee.
All Ordinances and Parts of Ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
Chapter 5.08 Retail Beer and
Wine Sales
Sections:
5.08.010 Definitions.
5.08.020 License—Required.
5.08.030 License—Required
by state.
5.08.040 License—Application
- Fee.
5.08.050 License—Expiration.
5.08.060 Application of
state regulations.
5.08.070 Violation -
Penalty.
5.08.010 Definitions Unless otherwise required by the context, the
term “beer” and “wine” in this chapter shall be construed to mean any beverage
regulated as such by the State of Montana; and the term “person” in this
chapter shall be construed to mean every individual, partnership, corporation
or association.
5.08.020 License -
Required No person shall on or
after May 1, 1934, sell or dispose of beer or wine in the City of Dillon, or
possess beer or wine for sale within, without first obtaining a license to do
so from the City of Dillon as provided in this chapter.
5.08.030 License -
Required by state All persons duly
licensed by the state of
5.08.040 License –
Application - Fee Every person desiring
to sell or dispose of beer or wine in the City of Dillon, or possess beer or
wine for sale therein, on or after May 1, 1934, must first apply to the
treasurer of the City of Dillon for a license to do so. On satisfactory evidence that any applicant
is duly licensed to sell or dispose of beer or wine in the City of Dillon by
the state of Montana, and the payment of a sum equal to one-half of the sum
paid by the applicant for such license issued by the state of Montana, said
treasurer shall issue a license of the City of Dillon to the applicant to sell
or dispose or beer or wine in the City of Dillon.
5.08.050 License -
Expiration All licenses pursuant
to this chapter shall expire at midnight on the 31st day of December
of the year in which issued.
5.08.060 Application
of state regulations Any person licensed
to sell or dispose of beer or wine in the City of Dillon pursuant to the
provisions of this chapter, shall thereby be entitled to sell or dispose of
beer or wine in the City of Dillon only to the extent and in the manner
authorized by the state of Montana.
5.08.070 Violation -
Penalty Every person who
sells or disposes of beer or wine in the City of Dillon, or who possesses beer
or wine for sale therein, on or after May 1, 1934, without first obtaining a
license from the City of Dillon to do so, as required by this chapter, shall be
guilty of a misdemeanor and punishable by a fine not to exceed three hundred dollars,
or by imprisonment not exceeding ninety days, or by both such fine and
imprisonment.
Chapter 5.12 Retail Liquor
Sales
Sections:
5.12.010 Purpose.
5.12.020 Definitions.
5.12.030 License—Exceptions.
5.12.040 License—Annual fee.
5.12.050 License—Application.
5.12.060 License—Issuance.
5.12.070 License—Contents.
5.12.080 License—Qualifications.
5.12.090 License—Disposal of fees.
5.12.100 Examination of premises by city
officials.
5.12.110 Renewal after revocation.
5.12.120 Violation—Penalty.
5.12.010 Purpose In order to better insure the control of the
sale of liquor in the City of Dillon, it is declared necessary to further
regulate the sale of liquor at retail establishments in the City of Dillon, and
to that end require all persons, except clubs, to apply for and procure from
the City of Dillon licenses to sell liquor purchased by them at state liquor
stores in accordance with this chapter, and to provide penalties for violation
thereof. (Prior code §142)
5.12.020 Definitions
A. “Act”
means Chapter 84 of the Laws of the Twenty-fifth Legislative Assembly of the
state of
B. “Club”
means a national fraternal organization, except college fraternities, or an
association of individuals organized for social purposes and not for profit,
with a permanent membership and existence of not less than two years, and
permanent quarters or rooms.
C. “Council”
means the council of the City of
D. “Interdicted
person” means a person to whom the sale of liquor is prohibited under the laws
of the state of
E. “License”
means a license issued by the City of
F. “Licensee”
means the person to whom a license is issued.
G. “Liquor”
means all kinds of liquor sold by and or in a state liquor store.
H. “Person”
means every individual, co-partnership, corporation, hotel, restaurant and club,
and all licensed retailers of liquor, whether conducting the business
singularly or collectively.
I. “State
liquor store” means a liquor store established and operated by the State of
5.12.030 License -
Exceptions It is unlawful for
any person who has not been issued a license under this chapter to sell or keep
for sale any alcoholic liquor on or after May 1, 1937; provided, however, that
nothing in this chapter shall be deemed to apply to those engaged in the sale
of liquor:
A. At
the various state liquor stores;
B. In
the quarters or rooms of a club, or at a social function of a club wherever
held. (Prior code §144)
5.12.040 License -
Annual fee Every licensee under
the provisions of this chapter shall pay an annual fee of one hundred fifty
dollars; provided, however, that where a license is issued hereunder for a
period commencing subsequent to the first day of the year for which such
license is issued, a pro rate fee only shall be charged for the balance of such
year, but in no event shall the fee charged be less than one hundred
dollars. Nothing in this section shall
be construed to entitle any licensee under this chapter to a refund of any
portion of the license fee paid by him in the event of his discontinuing his
business, or the revocation of his license prior to the expiration of the year
for which such license is issued.
The license fee provided under this section shall be exclusive of and in
addition to other license fees chargeable by the City of
5.12.050 License -
Application Prior to the issuance
of a license as provided in this chapter, the applicant shall file with the
city treasurer an application in writing, signed by the applicant and directed
to the City of Dillon, which application shall specify the location and number
of the premises where the business is to be carried on under the license
applied for, and the respective names of all persons conducting the business. The application must be accompanied by
satisfactory evidence that the applicant has the licenses required by Section
5.48.080. Such application must by
accompanied by the license fee specified in Section 5.48.040. (Prior code §146)
5.12.060 License -
Issuance Upon the filing of
the application prescribed in Section 5.48.050 accompanied by the evidence
thereby required, and upon payment of the required license fee, the city
treasurer shall immediately deliver such application and accompanying documents
to the city clerk who thereupon shall issue and deliver to the applicant a
license. The city clerk, in his
discretion, may hold the application for license so delivered to him by the
city treasurer until the next regular meeting of the city council following his
receipt of such application and accompanying documents, if any, when he shall
submit such application and accompanying documents to the council, which may,
in its discretion, decline to authorize such license, if in the judgment of the
council it will be for the best interest of this city to refuse such
license. Upon such refusal, the license
fee paid by the applicant and all documents filed by him, other than such
application, shall be returned to the applicant. (Prior code §147)
5.12.070 License - Contents Every license issued under this chapter shall
set forth the respective names of all persons to whom issued and the location
by street and number of the premises where the business is to be carried in
under such license. If issued to a
partnership, the license shall set forth the partnership name and the
respective names of the individual partners.
Such license shall be posted in a conspicuous place on the premises in
respect to which it is issued and shall be exhibited to any member of the
police department of the city whenever the same is requested. Every license issued under the provisions of
this chapter is separate and distinct, and no person, except the licensee
therein named, shall exercise any of the privileges granted thereunder, and all
licenses are applicable only to the respect to which they are issued. All licenses shall expire on January first of
each year. (Prior code §148)
5.12.080 License -
Qualifications No person shall be
entitled to a license under this chapter unless such person has in respect to
the same premises for which a license under this chapter is sought:
A. A
subsisting beer or wine license issued under the laws of the state of
B. A
subsisting beer or wine license issued under the ordinances of this city. (Prior code §149)
5.12.090 License -
Disposal of fees All receipts from
license fees and fines collected under the provisions of this chapter shall be
deposited to the credit of the general fund of the city, out of which said fund
the cost of administering this chapter shall be paid. (Prior code §155)
5.12.100 Examination
of premises by city officials The council, or any duly authorized
representative thereof, or the mayor, chief of police or any member of the
police department of this city shall have the right at any time to make an
examination of the premises of the licensee for the purpose of ascertaining
whether or not this chapter is being complied with. (Prior code §154)
5.12.110 Renewal after
revocation After the revocation
of a license, the council shall have the power to renew the same, if in its
discretion a proper showing therefore has been made. (Prior code §159)
5.12.120 Violation -
Penalty Any person violating any
of the provisions of this chapter shall, upon conviction thereof, be punishable
by a fine of not exceeding three hundred dollars, or imprisonment in the city
jail for not more than ninety days, or both.
If a licensee, or any of his employees, is convicted of any offense
under this chapter, the license of such licensee shall thereupon be, and
become, immediately and automatically revoked.
(Prior code §158)