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Title 6

BUSINESS TAXES, LICENSES AND REGULATIONS

Chapters:
6.04 Licenses Generally
6.08 Retail Business Licenses
6.10 Security Services
6.12 Amusement Device Licenses
6.16 Auctioneer Licenses
6.26 Cable Television Franchise
6.40 Transient Accommodations
6.44 Junk and Secondhand Dealers
6.46 Massage Therapist Licenses
6.48 Massage Establishments
6.56 Pawnbrokers
6.60 Public Service Company Franchise
6.65 Sexually Oriented Business Locations
6.76 Solicitors
6.80 Telephone Utility Tax
6.82 Emergency Telephone Service Charge
6.88 Tree Trimming Licenses
6.96 Carnivals
6.98 Private Alarm Systems
6.101 Private Refuse Collection Service
6.102 Ice Cream Vendors
6.103 Solid Waste Disposal Sites and Facilities--Certificate of Designation
6.104 Youth Vendors




Chapter 6.04

LICENSES GENERALLY

Sections:
6.04.010     Applicability of Code provisions and current regulations.
6.04.020     Term.
6.04.030     Assignment or transferral--City council approval required.
6.04.040     Advance payment of fee required.
6.04.050     Issuance.
6.04.060     License register--Keeping by city clerk.
6.04.062     Application--Denial--Written findings of fact.
6.04.064     Application--Denial--Appeal.
6.04.070     Suspension or revocation--Applicable procedure--Notice to licensee.
6.04.080     Suspension or revocation--Immediate suspension when--Hearing.
6.04.090     Suspension or revocation--Nonemergency--Scheduling of hearing.
6.04.100     Suspension or revocation--Hearing--Authority of hearing officer.
6.04.110     Suspension or revocation--Appeal.
                                                                                   Page 2 of 144


6.04.120     Suspension or revocation--Collateral remedies--No refund of license fees.
6.04.130     Suspension or revocation--Grounds.

6.04.010       Applicability of Code provisions and current regulations.
       All licenses which may be issued under any provisions of this Code shall be subject
to the Code and regulations applicable to such license which may be in force at the time of
issuance of such license or which may be subsequently promulgated by the city council.
(Code 1981, § 2-6-1; Code 1993, § 6.04.010; Ord. No. O-80-25, § 1)

6.04.020     Term.
      No license shall be granted at any time for more than one year.
(Code 1981, § 2-6-2; Code 1993, § 6.04.020)

6.04.030     Assignment or transferral--City council approval required.
      No license shall be assignable or transferable without permission of the city council.
(Code 1981, § 2-6-3; Code 1993, § 6.04.030)

6.04.040      Advance payment of fee required.
       Any license issued without the payment in advance to the director of finance of the
full sum required for such license shall be void.
(Code 1981, § 2-6-4; Code 1993, § 6.04.040)

6.04.050       Issuance.
       All licenses shall be issued and signed by the city clerk or designee under the seal
of the city, pursuant to the order of the city council, upon payment to the clerk or
designee of the sum assessed therefor, and no person shall be deemed to be licensed in
any case until the issuing of the license in due form.
(Code 1981, § 2-6-5; Code 1993, § 6.04.050; amended during 1993 recodification)

6.04.060      License register--Keeping by city clerk.
       The city clerk or designee shall keep a license register, in which the clerk or
designee shall enter the name of each and every person licensed pursuant to this Code,
the date of the license, the purpose for which the license has been granted, the amount
paid therefor and the time the same will expire.
(Code 1981, § 2-6-7; Code 1993, § 6.04.060; amended during 1993 recodification)

6.04.062       Application--Denial--Written findings of fact.
        If the city clerk, the clerk‟s designee or other authorized official denies a license
application, and the specific licensing provision includes no specific denial and appeal
procedures, the denying official shall provide to the applicant, by personal delivery, or by
certified mail, a notice of denial, which shall specify the reasons for such denial on the
basis of the applicable criteria, including citation to the pertinent provisions of this Code
and other applicable ordinances, laws, rules or regulations. The notifying official shall
direct the notice to the applicant‟s most current business address on file with the city clerk
or other official denying the application.
(Code 1993, § 6.04.062; Ord. No. O-2006-44, § 1 (part))

6.04.064       Application--Denial--Appeal.
        An applicant may appeal a denial decision by filing a written notice with the denying
official within ten working days of issuance of the notice of denial pursuant to Section
                                                                                  Page 3 of 144


6.04.062. The notice shall specifically identify the denial decision and the reasons for
reversing the denial decision. Within twenty working days of receipt of an applicant‟s
written notice, the city manager or the manager‟s designee shall conduct a hearing. The
applicant shall have the opportunity to be represented by counsel, to present evidence,
and to call and confront witnesses. Within ten business days of concluding the hearing,
the city manager or designee conducting the hearing shall issue a written ruling
determining whether, by a preponderance of the evidence, grounds exist for denial of the
license and shall provide that ruling to the applicant and the official recommending denial
according to the notice requirements of Section 6.04.062. The applicant may appeal a
decision of the city manager or designee upholding a denial to the District Court of the
Twentieth Judicial District of the state of Colorado according to Rule 106(a)(4) of the
Colorado Rules of Civil Procedure.
(Code 1993, § 6.04.064; Ord. No. O-2006-44. § 1 (part))

6.04.070      Suspension or revocation--Applicable procedure--Notice to licensee.
       Any person who has been issued a license by the terms of this Code shall be
subject to license revocation or suspension as set forth in this section and Sections
6.04.080 through 6.04.130, unless the specific licensing provision sets forth its own
suspension or revocation procedure, in which event the specific applicable procedure shall
be utilized; otherwise, the city clerk or designee shall submit a notice to the licensee to
show cause why the license should not be revoked. Such notice shall specify the
applicable Code provision or regulation which has been violated.
(Code 1981, § 2-6-6(a); Code 1993, § 6.04.070; Ord. No. O-80-25. § 2 (part); amended
during 1993 recodification)

6.04.080      Suspension or revocation--Immediate suspension when--Hearing.
       In the event that the notice provided for in Section 6.04.070 sets forth that the
activity conducted pursuant to the license constitutes an immediate threat to public
health, safety or welfare, the notice shall contain the order of the city clerk or designee
forthwith suspending the affected license and providing for a hearing, within three
business days of the order, for the licensee to show cause why the license should not be
suspended or revoked.
(Code 1981, § 2-6-6(b); Code 1993, § 6.04.080; Ord. No. O-80-25, § 2 (part); amended
during 1993 recodification)

6.04.090     Suspension or revocation--Nonemergency--Scheduling of hearing.
      In the event no emergency exists as contemplated at Section 6.04.080, the notice
provided for in Section 6.04.070 shall provide for such show-cause hearing within ten
days of the notice.
(Code 1981, § 2-6-6(c); Code 1993, § 6.04.090; Ord. No. O-80-25, § 2 (part); amended
during 1993 recodification)

6.04.100      Suspension or revocation--Hearing--Authority of hearing officer.
       The city manager or designee shall act as hearing officer to determine the issues
presented at the hearing provided for at Sections 6.04.080 and 6.04.090. The licensee
may appear in person and by counsel, and shall have the right to present evidence and
confront witnesses. The hearing officer shall have the authority to determine the
allegations unsubstantiated; or, if substantiated, may permit continued operation under
the license upon specific conditions or suspend the license for a period of up to ninety
days, or revoke the license. If substantiated, in determining the appropriate remedy, the
                                                                                   Page 4 of 144


hearing officer may consider all relevant evidence, including the gravity of the violation
and the circumstances of prior operation of the licensee under the license, whether or not
the license has been renewed. When the hearing scheduled under Section 6.04.080 or
6.04.090 of this Code concerns a youth vendor license, a designee of the youth council
shall be entitled to attend and serve in an advisory capacity to the hearing officer.
(Code 1981, § 2-6-6(d); Code 1993, § 6.04.100; Ord. No. O-80-25, § 2 (part); Ord. No.
O-2001-27, § 2)

6.04.110       Suspension or revocation--Appeal.
        Any appeal of the findings and orders of the hearing officer revoking or otherwise
sanctioning the license shall be subject to review by the District Court of the Twentieth
Judicial District of the state of Colorado, upon application of the aggrieved party. The
procedure for review shall be in accordance with Rule 106(a)(4) of the Colorado Rules of
Civil Procedure.
(Code 1981, § 2-6-6(e); Code 1993, § 6.04.110; Ord. No. O-80-25, § 2 (part))

6.04.120      Suspension or revocation--Collateral remedies--No refund of license fees.
       The provisions herein set forth for license revocation shall not be construed to bar
any collateral remedy provided in law or by this Code against the licensee, and in the
event of license revocation, the licensee shall not be entitled to any refund of the license
fee paid.
(Code 1981, § 2-6-6(f); Code 1993, § 6.04.120; Ord. No. O-80-25, § 2 (part))

6.04.130      Suspension or revocation--Grounds.
       Unless the basis for license revocation is specifically set forth in these Code
provisions relating to the issuance of a particular license, a license shall be subject to
revocation or suspension for fraud, misrepresentation or other deceptive practice of the
licensee or the licensee‟s agents in the conduct of the activities carried out under the
license, the creation of a public nuisance by the activity so licensed, or a showing of
misrepresentation in the application for license or any renewal thereof.
(Code 1981, § 2-6-6(g); Code 1993, § 6.04.130; Ord. No. O-80-25, § 2 (part))


Chapter 6.08

RETAIL BUSINESS LICENSES

Sections:
6.08.005     Definitions.
6.08.010     Required--Term.
6.08.020     License term and fee.
6.08.030     Application.
6.08.040     Form--Posting--Not transferable.
6.08.050     Separate business places require separate licenses.
6.08.060     Revocation--Grounds--Manner.
6.08.070     Revocation--Appeal.
6.08.080     Failure to secure license.

6.08.005    Definitions.
      The following words and phrases as used in this chapter shall have the following
                                                                                         Page 5 of 144


meaning:
       “Business” means all activities engaged in or caused to be engaged in with the
object of gain, benefit or advantage, direct or indirect.
       “Engaged in business in the city” means performing or providing services or selling,
leasing, renting, delivering or installing tangible personal property for storage, use or
consumption within the city. Engaged in business in the city includes, but is not limited to,
any one of the following activities by a person:
       1.     Directly, indirectly or by a subsidiary maintains a building, store, office,
salesroom, warehouse or other place of business within the city;
       2.     Sends one or more employees, agents or commissioned sales persons into
the city to solicit business or to install, assemble, repair, service or assist in the use of its
products, or for demonstration or other reasons;
       3.     Maintains one or more employees, agents or commissioned salespersons on
duty at a location within the city;
       4.     Owns, leases, rents or otherwise exercises control over real or personal
property within the city; or
       5.     Makes more than one delivery into the city within a twelve-month period.
       “License” means a city of Longmont sales and use tax license.
       “Person” means any individual, firm, partnership, joint venture, corporation, estate
or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or
representative capacity, whether appointed by a court or otherwise, or any group or
combination acting as a unit.
(Code 1993, § 6.08.005; Ord. No. O-91-60, § 25)

6.08.010       Required--Term.
       It is unlawful for any person, except youth licensed under Chapter 6.104 of this
code, to engage in any business without first having obtained a Longmont sales and use
tax license, which license shall be granted and issued by the director of finance, upon an
application form provided by the director of finance.
(Code 1981, § 2-4-3(A); Code 1993, § 6.08.010; Ord. No. O-86-17, § 1(part); Ord. No.
O-87-16, § 1; Ord. No. O-2001-27, § 5)

                                       1
6.08.020     License term and fee.
      A.     The term of the municipal sales and use tax license shall be perpetual,
subject to the provisions of this chapter relating to revocation, and shall otherwise
terminate upon the abandonment of the business being the entity for which the license
was issued.
      B.     The fee for the sales and use tax license shall be fifteen dollars, which shall
be paid to the director of finance upon application, except that such application fee shall
not be required of any business for which a license was issued upon payment of the 1987
annual fee or renewal fee, and which license was not revoked at the expiration of the
calendar year 1987.
(Code 1993, § 6.08.020; Ord. No. O-87-16, § 2; Ord. No. O-99-74, § 2)

6.08.030     Application.
      Such license as this chapter requires shall be granted only upon application stating



1
    Legal Analysis: Code 1993, § 6.08.020. License term and fee. Please review the fee provided for
         herein and advise as to changes necessary to make same current.
                                                                                          Page 6 of 144


the name and address of the person desiring such license, the name of such business and
the location, including the street number, of such business, and such other facts as may
be specified by the director of finance.
(Code 1981, § 2-4-3(B); Code 1993, § 6.08.030; Ord. No. O-86-17, § 1 (part))

6.08.040      Form--Posting--Not transferable.
       Each license shall be numbered and shall show the name, residence and place and
character of business of the licensee and shall be posted in a conspicuous place in the
place of business for which it is issued. No license shall be transferable relating to this
chapter or Chapter 4.04 relating to sales and use tax.
(Code 1981, § 2-4-5; Code 1993, § 6.08.040; Ord. No. O-86-17, § 1 (part))

6.08.050     Separate business places require separate licenses.
      In case business is transacted at two or more separate places by one person, a
separate license for each place of business shall be required.
(Code 1981, § 2-4-4; Code 1993, § 6.08.050; Ord. No. O-86-17, § 1 (part))

6.08.060      Revocation--Grounds--Manner.
       The director of finance may, on a reasonable notice and after full hearing, revoke
the license of any person found by the director of finance to have violated any provisions
of this code.
(Code 1981, § 2-4-7; Code 1993, § 6.08.060; Ord. No. O-86-17, § 1 (part))

6.08.070      Revocation--Appeal.
       Any finding and order of the director of finance revoking the license of any person
shall be subject to review by the District Court of the Twentieth Judicial District of the
state of Colorado, upon application of the aggrieved party. The procedure for review shall
be in accordance with Rule 106(a)(4) of the Colorado Rules of Civil Procedure.
(Code 1981, § 2-4-8; Code 1993, § 6.08.070; Ord. No. O-80-28, § 2; Ord. No. O-86-17,
§ 1 (part))

6.08.080     Failure to secure license.2
       Any person required to obtain a sales and use tax license without having secured a
license therefor, shall be guilty of a violation of this chapter, and shall be punished
accordingly. The city attorney is also authorized to pursue any appropriate civil remedy to
obtain compliance herewith before any court of competent jurisdiction.
(Code 1981, § 2-4-6; Code 1993, § 6.08.080; Ord. No. O-86-17, § 1 (part); Ord. No. O-
87-16, § 3)


Chapter 6.10

SECURITY SERVICES

Sections:
6.10.010        Definitions.
6.10.020        Uniforms and badges.


2
    Legal Analysis: Code 1993, § 6.08.080. Failure to secure license. Deleted as not needed.
                                                                                        Page 7 of 144


6.10.030        Vehicles--Markings and equipment.
6.10.040        Restricted use of words.
6.10.050        Radio communications.
6.10.060        Unlawful acts--Penalty.
6.10.070        Civil enforcement--Injunctive relief.

6.10.010      Definitions.
       When not otherwise clearly indicated by the context, the following definitions shall
apply in the interpretation and enforcement of this chapter:
       “Agent” means any person employed by or acting on the behalf of an agency
providing security services in the conduct of its business, except:
       1.     Such definition shall not include secretarial, stenographic and clerical
employees whose duties are confined entirely to such related office duties and are not
engaged in providing security services;
       2.     A duly certified police officer of the Longmont police department in current
and good standing accepting private security duties through officially adopted regulations
of the department;
       3.     Any individual so acting while employed by a duly certified common carrier
while engaged in interstate commerce;
       4.     Maintenance personnel, janitors, repairpersons, and persons engaged in
similar occupations not providing security services.
       “Company” means any person, firm, association, corporation or other business
entity engaged in the business of providing security services.
       “Police chief” means the chief of the Longmont police department.
       “Security services” means providing the service of patrolling, inspecting, guarding
or otherwise protecting persons or property of another from unlawful acts, preserving the
order and peace of an activity or facility, or otherwise providing protection services
against hazards generally provided to the public through personnel of the Longmont police
department.
(Code 1993, § 6.10.010; Ord. No. O-86-18, § 1 (part); amended during 1993
recodification; Ord. No. O-2001-37, § 3)

                                       3
6.10.020      Uniforms and badges.
       No person except members of the respective law enforcement agencies shall wear
any uniform or badge or any law enforcement agency, including the Longmont police
department, Boulder County sheriff‟s office and Colorado State Patrol. The police chief or
the police chief‟s designee may, upon request of a company, certify compliance with the
standards of this section as to a company‟s uniforms prior to any public use or display
thereof by a company.
(Code 1993, § 6.10.020; Ord. No. O-86-18, § 1 (part); amended during 1993
recodification; Ord. No. O-2001-37, § 4)

6.10.030      Vehicles--Markings and equipment.
       A.     No person or company shall own or operate any vehicles containing or
exhibiting colorings, markings, insignias or equipment so similar to marked or official
patrol vehicles of any public law enforcement agency as to create a reasonable probability



3
    Legal Analysis: Code 1993, § 6.10.020. Uniforms and badges. Expanded to apply to all counties
         in which the city is located.
                                                                                     Page 8 of 144


of confusion among the general public about whether such security services vehicles are
marked or official patrol vehicles of any public law enforcement agency. Vehicles shall not
be equipped with or employ any lights or sirens violating any applicable law or ordinance.
       B.    No person shall operate a vehicle while providing security services that is not
clearly marked on the sides and back with the word “SECURITY” with letters at least two
and one-half inches tall, that obviously contrast with the vehicle‟s principal color.
(Code 1993, § 6.10.030; Ord. No. O-86-18, § 1 (part); Ord. No. O-2001-37, § 5)

6.10.040      Restricted use of words.
       The words “police,” “police officer,” “officer of the law,” “peace officer,” “sheriff,”
“deputy” or “state patrol” shall not be used by an agent or company in any advertising or
upon the premises or upon any equipment of any security services company. The word
“officer” may be used only when used in conjunction with the word “security,” such as
“security officer.” Any other use of the word “officer” is expressly forbidden.
(Code 1993, § 6.10.040; Ord. No. O-86-18, § 1 (part); Ord. No. O-2001-37, § 6)

6.10.050     Radio communications.
      No person employed in any capacity for a company providing security services shall
transmit for any reason on any radio frequency assigned to a public law enforcement
agency within the zone or area of radio wave propagation in the city.
(Code 1993, § 6.10.050; Ord. No. O-86-18, § 1 (part); Ord. No. O-2001-47, § 7)

6.10.060       Unlawful acts--Penalty.
        It shall be unlawful for any person, agent or company to violate any of the
provisions of this chapter. In addition, it shall be unlawful for any agent to:
        A.     Fail to immediately remand to the police department or other appropriate
public law enforcement agency, the custody of any person seized or arrested within the
city pursuant to the laws of the state. Nothing contained herein shall be construed to
confer on an agent authority invested in peace officers to make any arrest, and such
agent shall possess only those rights and limitations available to a person who is not a
peace officer;
        B.     Conceal or possess within the city a firearm not otherwise permitted by the
laws and regulations of the state of Colorado or United States which are applicable to a
person who is not a police officer;
        C.     Fail to immediately report any known incident of firearm discharge within the
city other than such firearm discharge which occurs at a designated shooting or target
range;
        D.     Fail to immediately, truthfully and to the fullest extent possible report to the
police department and other appropriate law enforcement agencies knowledge of the
possible violation of any city ordinance, or Colorado or federal penal law occurring wholly
or partly within the city; excepting, however, that reporting of minor traffic or code
violations is not mandatory;
        E.     Represent themselves in any manner within the city to be an officer of the
Longmont police department or any other public law enforcement agency; and
        F.     Carry, display or use within the city any illegal or deadly weapon contrary to
the law and regulations of the United States, the state of Colorado or ordinances of the
city of Longmont.
(Code 1993, § 6.10.060; Ord. No. O-86-18, § 1 (part); amended during 1993
recodification; Ord. No. O-2001-37, § 8)
                                                                                        Page 9 of 144

                                                     4
6.10.070       Civil enforcement--Injunctive relief.
       In addition to the penal remedies set forth in Section 1.12.010, the city attorney
shall have the authority to seek judicial relief to enjoin the violation of the provisions of
this chapter and related costs and reasonable attorney‟s fees incurred, in any court having
jurisdiction in the matter.
(Code 1993, § 6.10.070; Ord. No. O-86-18, § 1 (part); Ord. No. O-2001-37, § 9)


Chapter 6.12

AMUSEMENT DEVICE LICENSES

Sections:
6.12.010      Purpose and intent.
6.12.020      Definitions.
6.12.030      Required--Amusement arcade.
6.12.040      Required--Amusement center.
6.12.050      Application--Contents.
6.12.060      Application--Review and investigation.
6.12.070      Application--Approval--Grounds for refusal.
6.12.080      Application--Disapproval--Written findings of fact.
6.12.090      Term.
6.12.100      Renewal.
6.12.110      Changes in application information--Notice to city.
6.12.120      Fees--Amusement arcade.
6.12.130      Fees--Amusement center.
6.12.140      Acquisition of additional amusement devices.
6.12.150      Investigation fee.
6.12.160      Payment of fees--Refunding upon denial.
6.12.170      Suspension or revocation--Grounds.
6.12.180      Other enforcement actions not prohibited.
6.12.190      Appeal procedure designated.
6.12.200      Public hearings--Due process standard.
6.12.210      Public hearings--Request for review--Notice.
6.12.220      Public hearings--Conduct.
6.12.230      Suspension, revocation or nonrenewal--Public hearing--Notice.
6.12.240      Suspension, revocation or nonrenewal--Emergency public hearing.
6.12.250      Display of license required.
6.12.260      Transfer of license.
6.12.270      Hours of operation.
6.12.280      Amusement devices in certain licensed premises--Fee.
6.12.290      Violation--Penalty.

6.12.010      Purpose and intent.5


4
  Legal Analysis: Code 1993, § 6.10.070. Civil enforcement--Injunctive relief. Deleted as covered
       by the revised general provisions.
5
  Legal Analysis: Code 1993, § 6.12.010. Purpose and intent. Deleted the statutory power
       references as not needed in light to the city's home rule status.
                                                                                  Page 10 of 144


       It is the recognition of the city council that amusement facilities herein
contemplated largely cater to a youthful clientele, such businesses not being subject to
age restriction and control by state law and local regulation imposed upon businesses
licensed to sell fermented malt beverages or alcoholic beverages. The purpose of this
chapter is to promote amusement facilities providing a lawful and wholesome recreational
outlet for young persons, specifically and generally to the citizens of the city, pursuant to
the exercise of general police powers contemplated by Part 4 of Article 15 of Title 31, CRS
1973, and the regulation of business contemplated by Part 5 of Article 15 of Title 31, CRS
1973.
(Code 1981, § 2-13-1; Code 1993, § 6.12.010; Ord. No. O-83-82, § 1; amended during
1993 recodification)

6.12.020      Definitions.
       As used in this chapter:
       “Amusement arcade” means a place of business where an individual, association,
partnership or corporation maintains more than five amusement devices, except any
business otherwise licensed to sell alcoholic or fermented malt beverages as per the
exception herein contained.
       “Amusement center” means a place of business where an individual, association,
partnership or corporation maintains less than six amusement devices, either as a sole
business or in conjunction with some other business, except any business otherwise
licensed to sell alcoholic or fermented malt beverages according to the exception herein
contained.
       “Amusement device” means any device which, upon insertion of a coin, slug, token,
plate or disc, or payment of a consideration, may be used by the public for use as a game,
entertainment, amusement or a test of skill, either mental or physical, whether or not
registering a score, but shall not include radios, devices that provide music only, television
carrying commercial broadcasts only, or fixed-stand, coin-operated kiddie rides.
       “Applicant” means any individual, association, partnership or corporation requesting
a license pursuant to this chapter.
       “Manager” means an individual who manages, directs, supervises, oversees and
administers the acts and transactions of the agents or servants of any establishment
governed by this chapter, or who, through his or her own actions, directs, oversees and
administers the affairs of any such establishment.
(Code 1981, § 2-13-2; Code 1993, § 6.12.020; Ord. No. O-83-82, § 2)

6.12.030    Required--Amusement arcade.
      No amusement arcade shall conduct business within the city without a valid
amusement arcade license.
(Code 1981, § 2-13-3(A); Code 1993, § 6.12.030)

6.12.040    Required--Amusement center.
      No amusement center shall conduct business within the city without a valid
amusement center license.
(Code 1981, § 2-13-3(B); Code 1993, § 6.12.040)

6.12.050     Application--Contents.
       The application for an amusement arcade license or an amusement center license
shall be made to the city clerk, shall be accompanied by the fees required by this chapter,
and shall contain the following information:
                                                                                    Page 11 of 144


       A.     The name and address of the amusement facility;
       B.     The name and address of the applicant, the applicant‟s age, social security
number, date and place of birth;
       C.     Evidence from the city planning and inspection departments that the location
of the proposed amusement facility meets all of the zoning requirements and code
provisions, such as the building and fire codes, which are applicable;
       D.     Where the applicant is a corporation, association or private club, the
information required in subsection B of this section shall be furnished as to each member
of the association or each officer of the corporation, and members of the board of
directors of the corporation, and the holders of ten percent or more of the corporate stock
of any class;
       E.     The name, age, social security number, date and place of birth of any
person, or name and address of any corporation, partnership or other association holding
any security interest in the assets or revenue of the amusement facility, or holding or
claiming any other equitable interest therein;
       F.     Prior conviction of any of the persons or associations listed above for any
law, except traffic or petty offenses as defined by Colorado law;
       G.     The number of amusement devices to be maintained at the amusement
arcade;
       H.     The name, age and prior conviction, relating to felonies and the sale,
dispersing or use of any illegal narcotics or dangerous drugs, of the manager or managers
of the establishment, if not provided by application of prior subsections of this section;
       I.     The application shall be signed under oath or affirmation of the applicant and
stating that the information contained in the application is true and accurate to the best
information and belief of the applicant.
(Code 1981, § 2-13-4; Code 1993, § 6.12.050; Ord. No. O-83-82, § 3)

6.12.060      Application--Review and investigation.
       Application for any license required under this chapter shall be reviewed by the city
clerk. Upon submission of the aforesaid application, the city clerk shall submit it to the
police chief, who shall cause an investigation to be conducted, as may be required to
confirm and verify the information contained in the application. In the event that the
application is abandoned by the applicant for a period of six months, a new investigation
and investigation fee shall be required of the applicant.
(Code 1981, § 2-13-5(A); Code 1993, § 6.12.060; Ord. No. O-83-82, § 4; amended
during 1993 recodification)

6.12.070      Application--Approval--Grounds for refusal.
       A.     No license shall be issued to any applicant unless approved by the city clerk.
Such issuance or denial of license, as the case may be, shall occur on or before thirty days
after the submission of the application and fees herein required.
       B.     The city clerk shall refuse to issue any license herein required if the finding is
made of any of the following:
       1.     Where the applicant for the establishment is under the age of twenty-one
years, or the manager of the establishment is under the age of eighteen years;
       2.     Where the applicant, manager or any of the principals of any partnership,
association or corporation set forth in the application have made false statements upon
the application;
       3.     Where the applicant, manager or any of the principals of any partnership,
association or corporation set forth in the application are not of good moral character. The
                                                                                    Page 12 of 144


city clerk shall consider the following matters in evaluating the moral character of the
aforesaid persons; however, the clerk shall also consider factors relating to such person‟s
rehabilitation in conjunction therewith:
        a.    The prior conviction for conduct which in Colorado does, or otherwise would,
constitute a felony,
        b.    The prior conviction of any offense relating to the unlawful sale, dispersing or
possession of a narcotic or dangerous drug or other controlled substance,
        c.    The conviction of any gambling offense.
(Code 1981, § 2-13-5(B); Code 1993, § 6.12.070; Ord. No. O-83-82, § 5; amended
during 1993 recodification)

6.12.080      Application--Disapproval--Written findings of fact.
       In the event that the city clerk disapproves a license application, the city clerk shall
make written findings of fact specifying the reasons for such disapproval on the basis of
the criteria established in Section 6.12.070.
(Code 1981, § 2-13-5(C); Code 1993, § 6.12.080)

6.12.090       Term.
       All licenses granted pursuant to this chapter shall be for a term of one year. Such
term shall commence on September 1st of each year and terminate upon August 31st of
the following year. Applications for a license occurring at any other time during the year
shall be treated the same as if they were made for one year and shall terminate on the
same date as all other licenses issued pursuant heretofore; however, the fees shall be
quarterly prorated and reduced by twenty-five percent on December 1st, March 1st, and
June 1st of any year in which initial application is made for license.
(Code 1981, § 2-13-6; Code 1993, § 6.12.090)

6.12.100      Renewal.
       Renewal of any of the licenses granted pursuant to this chapter may be had by
payment of the licensing fee along with a statement that the information listed on the
original license application is still true and correct to the applicant‟s knowledge, or a
statement listing those items of information required for a license application which have
changed in the year since the license was granted or last renewed. The city clerk shall
consider the same factors as set forth in Section 6.12.070 in the matter of issuance of a
renewed license; however, the licensee may continue to operate the amusement business
as set forth in this chapter on a temporary license, until resolution of the matter as
contemplated in this chapter in the event the city clerk should determine not to renew the
license.
(Code 1981, § 2-13-7 (part); Code 1993, § 6.12.100)

6.12.110     Changes in application information--Notice to city.
      It shall be the duty of the applicant to provide the city with a written notice of
change of any condition of fact set forth in the application within seven days of the
happening of such change.
(Code 1981, § 2-13-7 (part); Code 1993, § 6.12.110)
                                                                                   Page 13 of 144

                                         6
6.12.120     Fees--Amusement arcade.

       Applicants for or holders of any amusement arcade license shall pay a yearly fee of
one hundred fifty dollars; however, they shall pay an additional amount of twenty-five
dollars for each amusement device in excess of six used in conjunction with the licensed
premises.
(Code 1981, § 2-13-8(A); Code 1993, § 6.12.120)

6.12.130       Fees--Amusement center. 7
        Applicants for or holders of an amusement center license shall pay a yearly fee of
fifty dollars; however, they shall pay an additional amount of twenty-five dollars for each
amusement device in excess of two, up to five devices.
(Code 1981, § 2-13-8(B); Code 1993, § 6.12.130)

6.12.140       Acquisition of additional amusement devices.
        Applicant shall advise the city clerk of the acquisition of any additional amusement
devices, as required pursuant to Section 6.12.110 of this chapter, and pay any additional
license fee as required in Section 6.12.120 or 6.12.130, or obtain an amusement arcade
license, if six or more amusement devices result from any addition of such devices to an
amusement center. Such payments for additional amusement devices shall, where
appropriate under the provisions of Section 6.12.090 of this chapter, be prorated and
reduced quarterly, and in the event an amusement arcade license is obtained, full credit
for all payments made for the amusement center license shall be given, in addition to any
proration required.
(Code 1981, § 2-13-8(C); Code 1993, § 6.12.140)

6.12.150        Investigation fee.
         Applicants for either amusement arcade or amusement center licenses shall pay an
initial fee of fifty dollars to cover the cost of investigation required by this chapter.
(Code 1981, § 2-13-8(D); Code 1993, § 6.12.150)

6.12.160       Payment of fees--Refunding upon denial.8
       An investigation fee in the amount of fifty dollars shall be paid by the applicant at
the time of application. All other fees shall be paid by the applicant after the application
has been approved. In the event that any license upon initial application or renewal is not
issued, the city clerk shall refund moneys submitted in anticipation thereof; however, the
fifty-dollar investigation fee shall, in any event, be retained by the city.
(Code 1981, § 2-13-8(E); Code 1993, § 6.12.160; Ord. No. O-83-82, § 6)

6.12.170      Suspension or revocation--Grounds.
       The city clerk may suspend or revoke any license granted pursuant to this chapter,
or refuse to issue a renewal license, upon a finding of the following:


6
  Legal Analysis: Code 1993, § 6.12.120. Fees--Amusement arcade. Please review the fee provided
       for herein and advise as to changes necessary to make same current.
7
  Legal Analysis: Code 1993, §6.12.130. Fees--Amusement center. Please review the fee provided
       for herein and advise as to changes necessary to make same current.
8
  Legal Analysis: Code 1993, § 6.12.160. Payment of fees--Refunding upon denial. Please review
       the fee provided for herein and advise as to changes necessary to make same current.
                                                                                     Page 14 of 144


       A.      That any of the amusement devices maintained upon the premises are being
used for gambling purposes;
       B.      That repeated disturbances of the public peace have been occurring within
the licensed establishment, or upon any parking areas, sidewalks, access ways or grounds
immediately adjacent to the licensed premises, involving patrons, employees or the holder
of the license of the establishment;
       C.      That the operation of the establishment results in a public nuisance of any
class as contemplated by C.R.S. title 16, art. 13, pt. 3 (C.R.S. § 16-30-301 et seq.);
       D.      That the holder of the license or any employees thereof are illegally offering
for sale or illegally allowing to be consumed upon the licensed premises, or upon any
parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the
licensed premises, narcotics or dangerous drugs or liquor;
       E.      That the holder of the license or an approved manager is not upon the
licensed premises at all times;
       F.      That the hours of business of the licensed establishment are outside of those
set forth in Section 6.12.270;
       G.      That malt, vinous or spirituous beverages are being consumed by patrons of
the licensed establishment either upon the licensed premises or upon any parking areas,
sidewalks, walkways, access ways or grounds immediately adjacent to the licensed
premises;
       H.      That a person under the age of eighteen years is being used as a manager of
the licensed establishment;
       I.      That the licensed establishment has violated other provisions prohibited by
this chapter.
(Code 1981, § 2-13-9(A); Code 1993, § 6.12.170; Ord. No. O-83-82, § 7)

6.12.180      Other enforcement actions not prohibited.
       Nothing in this chapter shall prohibit the city from taking any other enforcement
action provided for by this code, or the laws of the state or of the United States, including
application for injunctive relief and enforcement thereof through the abatement of
nuisances.
(Code 1981, § 2-13-9(B); Code 1993, § 6.12.180)

6.12.190      Appeal procedure designated.
       In the event that the city clerk makes a determination of denial of any license upon
application or renewal, or submits a notice of suspension or revocation for reasons as set
forth in Section 6.12.170, review of such determination shall be sent to the city council in
accordance with the procedures set forth in Sections 6.12.200 through 6.12.240.
(Code 1981, § 3-13-10 (part); Code 1993, § 6.12.190; amended during 1993
recodification)

6.12.200     Public hearings--Due process standard.
      Any public hearing before the city council contemplated by the nonissuance, denial
or revocation of a license shall conform to the due process standards contemplated by
C.R.S. § 24-4-104, relating to license issuance, suspension or revocation, and C.R.S. §
24-4-105, relating to due process, and be recorded by a certified court reporter.
(Code 1981, § 2-13-10(C); Code 1993, § 6.12.200)

6.12.210     Public hearings--Request for review--Notice.
      If the city clerk declines to issue any license upon initial application, as
                                                                                 Page 15 of 144


contemplated in Section 6.12.070, the applicant may submit a notice of request for review
to the city clerk within ten days of the submission of the findings in support of such
rejection. The notice and findings shall forthwith be submitted to the city council and a
public hearing shall be scheduled to review the rejection, no sooner than ten nor later
than thirty days from the submission of such notice. Notice of such hearing is to be
conspicuously posted no later than five days before the hearing on the premises.
(Code 1981, § 2-13-10(A); Code 1993, § 6.12.210; amended during 1993 recodification)

6.12.220     Public hearings--Conduct.
      At the public hearing provided for in Section 6.12.210, the city council shall
consider the findings of the city clerk, and the applicant and the city shall be given an
opportunity to present any testimony, or present evidence and exhibits, relative to the
issuance or the denial of the license.
(Code 1981, § 2-13-10 (part); Code 1993, § 6.12.220)

6.12.230      Suspension, revocation or nonrenewal--Public hearing--Notice.
       In the event that the city clerk should find that one or more of the grounds for
suspension or revocation of license exists, as set forth in Section 6.12.170, or for
nonrenewal of license, a notice of suspension, nonrenewal or revocation shall be
submitted to the licensee setting forth the specifications of violation or nonconformance. A
public hearing shall be scheduled no sooner than ten days nor more than thirty days from
the submission of such notice, with publication and on-premises posting thereof as set
forth in Section 6.12.210, subject, however, to the provisions of Section 6.12.240.
(Code 1981, § 2-13-10(B) (part); Code 1993, § 6.12.230)

6.12.240      Suspension, revocation or nonrenewal--Emergency public hearing.
       The city council may, immediately upon submission of the matter contemplated in
Section 6.12.230 for hearings, hold an emergency preliminary hearing, and if the licensee
is unavailable for service of notice, such notice shall be posted conspicuously upon the
licensed premises at least twenty-four hours before the hearing. In the event that the city
council should find an emergency with respect to the licensed enterprise adversely
affecting the public health, welfare or safety, it may forthwith enter an order of temporary
suspension of license pending the final hearing as set forth at Section 6.12.230. In such
event, the licensee may request an expedited final hearing, which shall occur within ten
days but not sooner than three days of the entry of the temporary suspension. The
publication requirement shall be satisfied by one publication at any time prior to the
hearing, and the posting requirements waived.
(Code 1981, § 2-13-10(B) (part); Code 1993, § 6.12.240)

6.12.250     Display of license required.
       The holder of any license or receipt issued pursuant to the terms of this chapter
shall prominently display the same upon the premises for which the license is issued.
(Code 1981, § 2-13-11 (part); Code 1993, § 6.12.250)

6.12.260      Transfer of license.
       Any license or receipt issued pursuant to the terms of this chapter shall not be
transferable to any other location in the city, except as otherwise provided herein. In the
event of transfer of ownership of the business at the same location for which a license or
tax receipt is issued pursuant to the terms of this chapter, a license may be transferred to
the new owner of the business; provided, however, that application therefor stating the
                                                                                        Page 16 of 144


same information as required by Section 6.12.050 is first presented to the city clerk for
approval or disapproval, accompanied by the application fee and fifty-dollar investigation
fee as required by Sections 6.12.120 through 6.12.160. Approval or disapproval of a
license shall be as required by the terms of this chapter.
(Code 1981, § 2-13-11 (part); Code 1993, § 6.12.260; Ord. No. O-83-82k § 8)

6.12.270     Hours of operation.
      Any establishment licensed pursuant to the provisions of this chapter shall not be
open for business Sunday through Thursday between the hours of one minute after eleven
p.m. and eight a.m., and on Friday and Saturday between the hours of one minute after
twelve a.m. and eight a.m.
(Code 1981, § 2-13-12; Code 1993, § 6.12.270)

6.12.280       Amusement devices in certain licensed premises--Fee.
        The licensing provision of this chapter shall not apply to otherwise licensed
premises selling fermented malt beverages or alcoholic liquors, having amusement
devices on the premises so licensed. An annual fee of twenty-five dollars, however, shall
be paid to the city clerk by such establishment for each such device on the premises,
which amount shall be paid on or before August 31st of each calendar year. However, the
fees shall be quarterly prorated and reduced by twenty-five percent on December 1st,
March 1st and June 1st, of any year in which initial application is made for licenses. The
city clerk shall submit a new license showing current payment of the fee, the license to be
prominently displayed on the premises at all times. In the event that the alcoholic or
fermented malt beverage license is for any reason removed from a premises exempt
hereunder from licensure as an amusement arcade or amusement center, then the
provisions of this chapter shall fully apply as they relate to amusement facilities not
licensed to sell alcoholic or fermented malt beverages.
(Code 1981, § 2-13-13; Code 1993, § 6.12.280; Ord. No. O-83-82k § 9)

6.12.290      Violation--Penalty.9
       In addition to the remedies of nonrenewal, suspension or revocation, and civil
injunctive relief available to the city, it is an offense for any person to violate any of the
provisions of this chapter. The court shall punish any person convicted of a violation of
this chapter according to the general penalties in Chapter 1.12 of this code.
(Code 1981, § 2-13-14; Code 1993, § 6.12.290; Ord. No. O-94-61k § 9 (part))


Chapter 6.16

AUCTIONEER LICENSES10

Sections:
6.16.010        License required.
6.16.020        License--Issuance--Application--Conformity with zoning ordinances.
6.16.030        Fee--Term.



9
    Legal Analysis: Code 1993, § 6.12.290. Violation--Penalty. Deleted as not needed.
10
     Legal Analysis: Code 1993, ch. 16.16. Auctioneer licenses. If obsolete, delete.
                                                                                  Page 17 of 144


6.16.010      License required.
        No person shall sell any property at public auction without a license therefor first,
had and obtained according to the provisions of this code, except sales, made pursuant to
any order or process of a court, by any person required by law to sell property at auction,
under and by virtue of any power of sale in trust deeds or chattel mortgages, or other
similar security instrument, or by any public official acting within the scope of his or her
official capacity.
(Code 1981, § 2-7-1(a); Code 1993, § 6.16.010; Ord. No. O-80-32k § 1 (part))

6.16.020      License--Issuance--Application--Conformity with zoning ordinances.
       The auctioneer‟s license shall be issued by the city clerk upon application in a form
provided by the city clerk and shall contain the name and address of the person making
application, the principal place of business of the applicant and the location or locations
where auction activities will be conducted, which shall otherwise be in conformance with
the zoning ordinances of the city. The application shall be signed and verified by the
person making it.
(Code 1981, § 2-7-1(b); Code 1993, § 6.16.020; Ord. No. O-80-32k § 1 (part))

6.16.030     Fee--Term.
      For a license to carry on the business of auctioneer, there shall be paid to the city
an annual license fee of twenty-five dollars. All licenses shall expire December 31st of the
year of issue, and no proration of the license shall be made for periods of less than one
year.
(Code 1981, § 2-7-2; Code 1993, § 6.16.030)


Chapter 6.26

CABLE TELEVISION FRANCHISE

I
General
Sections:
6.26.010     Franchise required.
6.26.020     Nonexclusivity.
6.26.030     Acceptance.

II
Customer Service Standards
Sections:
6.26.040   Definitions.
6.26.050   Customer service.
6.26.060   Complaint procedure.
6.26.070   Miscellaneous.

III
Cable Franchise Agreement
Sections:
6.26.080    Definitions.
6.26.090    Grant of franchise.
                                                                                   Page 18 of 144


6.26.100     Franchise fee payment and financial controls.
6.26.110     Administration and regulation.
6.26.120     Financial and insurance requirements.
6.26.130     Customer service.
6.26.140     Reports and records.
6.26.150     Programming.
6.26.160     Access.
6.26.170     Institutional network.
6.26.180     General right-of-way use and construction.
6.26.190     Cable system configuration, technical standards and testing.
6.26.200     Service extension, interconnection and service to public buildings.
6.26.210     Franchise violations.
6.26.220     Franchise renewal and transfer.
6.26.230     Severability.
6.26.240     Miscellaneous provisions.

I
General

6.26.010     Franchise required.
       No cable television system shall be allowed to occupy or use the streets of the city
or be allowed to operate without a franchise.
(Code 1993, § 6.26.010; Ord. No. O-2002-22k § 1 (part))

6.26.020      Nonexclusivity.
       The right to use and occupy the streets of the city for the purposes set forth in this
chapter shall not be exclusive and the city reserves the right to grant similar use of the
streets to any person or entity.
(Code 1993, § 6.26.020; Ord. No. O-2002-22k § 1 (part))

6.26.030       Acceptance.
      No cable television franchise agreement approved by the city shall be effective
unless it is accepted and approved in writing by the cable operator.
(Code 1993, § 6.26.030; Ord. No. O-2002-22k § 1 (part))

II
Customer Service Standards

       These customer service standards (the “standards”) shall govern the quality and
level of service provided by any operation that provides cable service within the city of
Longmont.
(Code 1993, ch. 6.26, II)

6.26.040      Definitions.
       When used in these customer service standards (the “standards”), the following
words, phrases and terms shall have the meanings given below. When not inconsistent
with the context, words used in the present tense shall include the future, words used in
the singular shall include the plural and words in the plural include the singular. Words not
defined shall be given their common and ordinary meaning.
       1.     “Cable service” means the one-way transmission to customers of video
                                                                                 Page 19 of 144


programming or other programming service, and customer interaction, if any, which is
required for the selection or use of such video programming or other programming
service. To the extent consistent with applicable law and industry practices, cable service
shall include cable internet service and other widely available interactive services such as,
but not limited to, game channels, information services and enhanced services made
available to customers by operator.
        2.    “Customer” means any person who or which elects to subscribe to, for any
purpose, cable service provided by operator by means of or in connection with the cable
system and whose premises are physically wired and lawfully activated to receive cable
service from operator‟s cable system.
        3.    “Converter” means a device supplied by the operator that is directly
connected to operator‟s cable system used in customers‟ homes to control channel access.
        4.    “Customer service representative” (or “CSR”) means any person employed
by the operator to assist, or provide service to, customers, whether by answering public
telephone lines, processing service or installation orders, answering customers‟ questions,
receiving and processing payments, or performing other customer service related tasks.
        5.    “Escalated complaint” means a complaint that is referred to the operator by
the city.
        6.    “Franchise area” means the area within the jurisdictional boundaries of the
city, including any areas annexed by the city.
        7.    “Franchise agreement” means an agreement between the city and an
operator by which the city authorizes the operator to provide cable service within the
franchise area.
        8.    “City” means the city of Longmont, Colorado.
        9.    “Operator” means any entity providing cable service through a franchise
agreement with the city.
        10.   “Normal business hours” means those hours during which most similar
businesses in the community are open to serve customers. Normal business hours should
include some evening hours or weekend hours.
        11.   “Normal operating conditions” means those service conditions which are
within the control of the cable operator. Those conditions which are not within the control
of the cable operator include, but are not limited to, natural disasters, civil disturbances,
power outages, telephone network outages, and severe or unusual weather conditions.
        12.   “Standard residential installations” are those located up to one hundred
twenty-five feet from the existing distribution system.
(Code 1993, § 6.26.040; Ord. No. O-2002-22, § 2 (part))

6.26.050      Customer service.
       A.     General. The operator shall be permitted the option and autonomy to first
resolve customer complaints without delay and interference from the city. Where a given
complaint is not addressed by the operator to the citizen‟s satisfaction, the city may
intervene. In addition, where a definite pattern of unremedied noncompliance with these
standards is identified, the city may work with the cable operator to prescribe a cure and
establish a deadline consistent with these standards for implementation of the cure. If the
noncompliance is not cured within the established deadline, monetary sanctions may be
imposed to encourage compliance.
       These standards are intended to be of general application under normal operating
conditions; however, the operator shall be relieved of its obligations hereunder to the
extent it is unable to perform such obligations due to a region-wide natural emergency or
in the event of force majeure affecting a significant portion of the franchise area. The
                                                                                 Page 20 of 144


operator is free to exceed these standards to the benefit of its customers and in that
event, shall be considered to have met these standards. City encourages the operator to
exceed these standards in their day-to-day operations and as such, understands that the
operator may modify its operations in exceeding these standards but will retain the goals
of the standards. If there is a conflict between the franchise agreement and these
standards, the franchise agreement shall prevail.
        B.     Courtesy. All employees of the operator shall be courteous, knowledgeable
and helpful and shall provide effective and satisfactory service in all contacts with
customers. Upon request, operator‟s employees shall provide their names.
        C.     Accessibility.
        1.     The operator shall maintain a service center within the franchise area.
        2.     Except as otherwise approved by the city, all service centers shall be open
during normal business hours, and shall be fully staffed with customer service
representatives offering the following services to customers who come to the service
center: set up new accounts and schedule appointments for installations and repairs, bill
payment, equipment exchange, processing of change of service requests, and response to
customer inquiries and requests. The city may approve alternatives for service centers
offering lesser services at any site to which the public has general access. The operator
shall post signs at each service center to advise customers of their hours of operation and
of the addresses and telephone numbers at which to contact the city and the operator if
the service center is not open at the times posted. Operator shall provide the hours and
locations to customers upon request. The operator shall provide free exchanges of faulty
converters at the customer‟s address if the converter has not been damaged in any
manner due to the fault or negligence of the customer.
        3.     The operator shall maintain local telephone access lines that shall be
available twenty-four hours a day, seven days a week for service/repair requests and
billing inquiries.
        4.     The operator shall have network dispatchers and network technicians on call
twenty-four hours a day, seven days a week, including legal holidays. On the effective
date of the franchise agreement, dispatchers shall be the operator‟s own employees and
shall not be employees of an answering service.
        5.     The operator shall retain sufficient customer service representatives and
telephone line capacity to ensure that telephone calls to service/repair and billing inquiry
lines are answered by a customer service representative within thirty seconds or less, and
that any transfers shall be made promptly and in no event shall any customer be placed
on hold for longer than thirty seconds. These standards shall be met no less than ninety
percent of the time measured quarterly. The operator shall use reasonable efforts to
provide multi-lingual CSR‟s.
        6.     The total number of customer telephone calls receiving busy signals shall not
exceed three percent of the total number of telephone calls made by customers to the
operator. This standard shall be met ninety percent or more of the time measured
quarterly.
        D.     Responsiveness. For installations, outages and service calls, each of the
following standards shall be met no less than ninety-five percent of the time, measured on
a quarterly basis.
        1.     Guaranteed Seven-Day Residential Installation.
        a.     The operator shall complete all standard residential video installations for
cable services requested by customers located in an area where that service is available
within seven business days after the order is placed, unless a later date for installation is
requested. If the customer requests a nonstandard residential installation, or the operator
                                                                                  Page 21 of 144


determines that a nonstandard residential installation is required, the operator shall
provide the customer in advance with a total installation cost estimate and an estimated
date of completion.
        b.    Within no more than one calendar week from the completion of the locate
and from the initial installation, or at a time mutually agreed upon between the operator
and the customer due to circumstances beyond operator‟s control (e.g., winter weather or
other inclement weather conditions), the operator shall bury all underground cable drops
from the curb to the home at a depth of no less than twelve inches.
        2.    Residential Installation and Service Appointments.
        a.    Customers requesting installation of cable service or service to an existing
installation may choose any of the following blocks of time for the installation
appointment: eight a.m. to twelve noon; twelve noon to four p.m.; four p.m. to six p.m.;
or a shorter or longer block of time if available and mutually agreed upon by the customer
and the operator. The operator may not cancel an appointment with a customer after five
p.m. on the day before the scheduled appointment, except for appointments scheduled
within twelve hours after the initial call. All operator‟s personnel must have official
identification cards.
        b.    The operator shall provide every customer an opportunity to express the
customer‟s satisfaction with the work completed. The operator shall record and retain
such responses, and shall upon written request summarize them in a report to the city.
        c.    The operator shall be deemed to have responded to a request for service
under the provisions of this section when a technician arrives within the agreed upon time
and, if the customer is absent when the technician arrives, the technician leaves written
notification of arrival and a telephone number for the customer to call back and
reschedule the appointment. A copy of a log containing that notification should be kept by
the operator.
        3.    Residential Service Interruptions.
        a.    In the event of system outage (loss of reception on all channels) resulting
from operator equipment failure affecting five or more customers, the operator shall
correct such failure within two hours after the third customer call is received, unless
outage is a result of force majeure.
        b.    All other service interruptions resulting from operator equipment failure shall
begin to be corrected by the operator by the end of the next calendar day, and completed
as soon as possible, unless interruption is a result of force majeure.
        c.    Operator shall keep and submit records consistent with the terms of the
franchise agreement. In addition to those reporting requirements stated in the franchise
agreement, or if no reporting requirements are stated in the franchise agreement,
operator shall keep and submit at least the following reports: 1) an accurate and
comprehensive file of any and all escalated complaints regarding the cable system, in a
manner consistent with the privacy rights of customers; 2) operator‟s actions in response
to those complaints. These files shall remain open to the city during normal business
hours. Upon written request, operator shall provide the city an executive summary
monthly, which shall include the following information:
        i.    A summary of service requests, identifying the number and nature of the
requests and their disposition;
        ii.   A log of all service interruptions;
        iii.  A summary of customer complaints referred by the city to operator;
        iv.   Average response time for service calls;
        v.    Phone activity report;
        vi.   Video programming changes (additions/ deletions); and
                                                                                  Page 22 of 144


        vii.   Such other information as reasonably requested by the city, provided that
operator is given thirty days prior written notice of such request before the beginning of
the applicable month.
        d.     All service outages and interruptions for any cause beyond the control of the
operator shall be corrected within twenty-four hours after the conditions beyond its
control have been corrected, except in extraordinary circumstances as agreed upon
between the city and operator.
        4.     TV Reception.
        a.     The cable operator shall provide clear television reception that meets or
exceeds technical standards established by the United States Federal Communications
Commission (the “F.C.C.”). The operator shall render efficient service, make repairs
promptly, and interrupt service only for good cause and for the shortest time possible.
Scheduled interruptions that could have a significant impact on the customer shall be
preceded by notice to the city and shall occur during periods of minimum use of the
system, preferably between midnight and six a.m.
        b.     If a customer experiences poor video or audio reception attributable to the
operator‟s equipment, the operator shall repair the problem no later than the day
following the customer call. If an appointment is necessary, customer may choose the
same blocks of time described in these standards for customer installations. At the
customer‟s request, the operator shall repair the problem at a later time convenient to the
customer.
        5.     Problem Resolution. The operator‟s customer service representatives shall
have the authority to provide credit for interrupted service or any of the other credits, to
waive fees, to schedule service appointments and to change billing cycles, where
appropriate. Any difficulties that cannot be resolved by the customer service
representative shall be referred to someone in a position of authority who shall use their
best efforts to contact the customer within twenty-four hours and resolve the problem
within time frame as set forth in these standards.
        6.     Billing, Credits and Refunds.
        a.     The operator shall allow at least thirty days from the beginning date of the
applicable service period for payment of a customer‟s service bill for that period. If a
customer‟s service bill is not paid within that period of time the operator may apply a late
fee to the customer‟s account. If the customer‟s service bill is not paid within forty-five
days of the beginning date of the applicable service period, the operator may charge
another late fee and perform a “soft” disconnect of the customer‟s service. If a customer‟s
service bill is not paid within fifty-two days of the beginning date of the applicable service
period, the operator may disconnect the customer‟s service, provided it has provided two
weeks‟ notice to the customer that such disconnection may result.
        b.     The operator shall issue a credit or refund to a customer within forty-five
days after determining the customer‟s entitlement to a credit or refund.
        7.     Treatment of Property.
        a.     Operator shall treat property consistent with the procedures set forth in the
franchise agreement. In addition to those procedures set forth in the franchise agreement,
or if the franchise agreement does not contain any such procedures, operator shall comply
with the procedures in this subsection. The operator shall keep tree trimming to a
minimum. Trees and shrubs shall not be removed without the prior permission of the
owners or legal tenants of the property on which they are located. Upon request, city shall
explain to the property owners operator‟s rights related to the right-of-way.
        b.     The operator shall, at its own cost and expense, restore any property
damaged by operator to at least its prior condition as before the work causing such
                                                                                  Page 23 of 144


disturbance was initiated, normal wear and tear excepted, as set forth herein. The
operator shall in its own discretion and after consultation with the property owner, repair,
replace or compensate a property owner for any damage resulting from the operator‟s
activities. If the city becomes involved with the claim, the operator shall provide notice to
the city of the final resolution of the claim.
        c.      Except in the case of an emergency involving public safety or service
interruption to a large number of customers, the operator shall give reasonable notice to
property owners, property managers or legal tenants prior to entering upon private
premises. The notice shall specify the work to be performed; provided that in the case of
major construction operations such notice shall be provided at least twenty-four hours
prior to entry. Nothing herein shall be construed as authorizing access or entry to private
property, or any other property, where such right to access is not otherwise provided by
law. In the case of an emergency, the operator shall attempt to contact the property
owner or legal tenant or property manager in person, and shall leave a door hanger notice
in the event personal contact is not made.
        d.      The operator‟s personnel shall clean all areas surrounding any work site and
ensure that all cable materials have been disposed of properly.
        e.      Nothing in these customer service standards shall be construed to deprive
any property owner of any legal rights to obtain redress for damage caused by operator.
        E.      Services for Customers with Disabilities and Senior Citizens.
        1.      For any customer with a disability, the operator shall at no charge deliver
and pick up converters at customers‟ homes. In the case of a malfunctioning converter,
the operator shall provide and install another converter at no charge, unless the
malfunction was caused by the actions or inactions of the customer. Customer shall return
the malfunctioning converter to the operator.
        2.      The operator shall provide TDD service with trained operators who can
provide every type of assistance rendered by the operator‟s customer service
representatives for any hearing impaired customer at no charge.
        3.      The operator shall continue to provide free use of a second converter box to
senior citizen customers that are currently receiving their second converter box free of
charge. This free service shall not apply to any customers that are not currently receiving
this discount.
        4.      Any customer with a disability may request the special services described
above by providing the operator with a letter from the customer‟s physician stating the
need, written proof of age, or by making the request to the operator‟s installer or service
technician, where the need for the special services can be visually confirmed.
        F.      Customer Information.
        1.      Upon installation and delivery of the first bill, and at any time the customer
may request, the operator shall provide the following information, in clear, concise written
forms:
        a.      Products and services offered by the operator, including its channel lineup;
        b.      The operator‟s complete range of cable service options and the prices for
these services;
        c.      An accurate summary of these standards and any other applicable customer
service standards;
        d.      Instruction on the use of cable TV service and on standard VCR hookups;
        e.      The operator‟s billing, collection and disconnection policies;
        f.      Customer privacy requirements;
        g.      All applicable complaint procedures, and the telephone numbers and mailing
addresses of the operator and the city to whom the complaints should be addressed;
                                                                                    Page 24 of 144


        h.    The availability of A/B switches;
        i.    Use and availability of parental control/lock out device through set top
boxes;
        j.    Special services for customers with disabilities;
        k.    Days, times of operation, and locations of the service centers.
        2.    Copies of all notices above provided to the customer shall be filed (fax or soft
copy acceptable) with the city.
        3.    The operator shall provide the city and customers with written notification of
any change in rates, programming, or channel positions, at least thirty days before the
effective date of change except as otherwise provided in the franchise agreement or
applicable law.
        4.    All officers, agents, and employees of the operator or its contractors or
subcontractors who are in personal contact with customers shall wear on their outer
clothing identification cards bearing their name and photograph. The operator shall
account for all identification cards at all times. Each vehicle of the operator shall be clearly
visually identified to the public as working for the operator. All CSR‟s shall identify
themselves orally to callers immediately following the greeting during each telephone
contact with the public. Every vehicle of a subcontractor or contractor shall be labeled
with the name of the contractor and further identified as contracting or subcontracting for
the operator.
        5.    Each CSR or similar employee of the operator in each contact with a
customer shall state the estimated cost of the service, repair, or installation orally prior to
delivery of the service or before any work is performed, and shall provide the customer
with an oral statement of the estimated total charges before terminating the telephone
call or before leaving the location at which the work was performed. Upon request from a
customer, the operator shall confirm such estimates or statements in writing to the
customer.
        G.    Customer Privacy.
        1.    The operator shall not monitor cable television signals to determine the
individual viewing patterns or practices of any customer without prior written consent
from that customer, except as otherwise required by law.
        2.    The operator shall not sell or otherwise make available customer lists or
other personally identifiable customer information to third parties unrelated to city or
operator without prior written customer consent.
        H.    Safety. The operator shall install and locate its facilities, cable system, and
equipment in compliance with all federal, state, local, and company safety standards, and
in such manner as shall not unduly interfere with or endanger persons or property.
Whenever the operator receives notice that an unsafe condition exists with respect to its
equipment, the operator shall investigate such condition immediately, and shall take such
measures as are necessary to remove or eliminate any unsafe condition.
        I.    Satisfaction Guaranteed. The operator shall guarantee customer satisfaction
for every customer who requests new installation of cable service or adds any additional
programming service to the customer‟s cable subscription. Any such customer who
requests disconnection of such service within thirty days from its date of activation shall
receive a credit to his/her account in the amount of the cable service charge for the
service that has been disconnected, not to exceed one month of service.
(Code 1993, § 6.26.050; Ord. No. O-2002-22, § 2 (part))

6.26.060     Complaint procedure.
      A.     Complaints to the Operator.
                                                                                  Page 25 of 144


        1.     The operator shall establish written procedures for receiving, acting upon,
and resolving customer complaints, and crediting customer accounts in accordance with
Schedule A, “Credits to Customers”, which Schedule is incorporated herein by this
reference, and as otherwise provided herein, without intervention by the city and shall
have such procedures printed at the operator‟s sole expense.
        2.     Said written procedures shall prescribe a simple manner in which any
customer may submit a complaint by telephone or in writing to the operator that it has
violated any provision of these customer service standards, any terms or conditions of the
customer‟s contract with the operator, or reasonable business practices.
        3.     At the conclusion of the operator‟s investigation of a customer complaint, but
in no more than fifteen calendar days after receiving the complaint, the operator shall
notify the customer of the results of its investigation and its proposed action or credit.
        4.     The operator shall notify the customer of the customer‟s right to file a
complaint with the city in the event the customer is dissatisfied with the operator‟s
decision, and shall thoroughly explain the necessary procedures for filing such complaint
with the city.
        5.     The operator shall immediately report to the city all escalated customer
complaints that it does not find valid.
        6.     The operator‟s complaint procedures shall be filed with and approved by the
city prior to offering cable services in the franchise area.
        B.     Letter of Credit.
        1.     A letter of credit shall be posted pursuant to the franchise agreement
between city and operator.
        2.     The letter of credit shall serve as security for the payment of any penalties,
fees, charges or credits as provided for herein and for the performance by the operator of
all its obligations under these customer service standards.
        3.     The rights reserved to the city with respect to the letter of credit are in
addition to all other rights of the city, whether reserved by any applicable franchise
agreement or authorized by law, and no action, proceeding or exercise of a right with
respect to same shall in any way affect, or diminish, any other right the city may
otherwise have.
        C.     Customer Complaints to the City.
        1.     Any customer who is dissatisfied with any proposed decision of the operator
or who has not received a decision within the fifteen day period as required shall be
entitled to have the complaint reviewed by the city.
        2.     The customer may initiate the review either by calling the city or by filing a
written complaint together with the operator‟s written decision, if any, with the city.
        3.     The customer shall make such filing and notification within twenty days of
receipt of the operator‟s decision or, if no decision has been provided, within thirty days
after filing the original complaint with the operator.
        4.     If the city decides that further evidence is warranted, the city may require
the operator or the customer, or both, to submit, within ten days of notice thereof, a
written statement of the facts and arguments in support of their respective positions.
        5.     The operator and the customer shall produce any additional evidence,
including any reports from the operator, which the city may deem necessary to an
understanding, and determination of the complaint.
        6.     The city shall issue a determination pursuant to subsection(C)(8), below,
within fifteen days after examining the materials submitted, setting forth its basis for the
determination.
        7.     The city may extend these time limits for reasonable cause and may
                                                                                   Page 26 of 144


intercede and attempt to negotiate an informal resolution.
       8.     If the city determines that the customer‟s complaint is valid and that the
operator did not provide the complaining customer with the proper solution and/or credit,
the city may reverse any decision of the operator in the matter and/or require the
operator to grant a specific solution as determined by the city in its sole discretion, and/or
any credit provided for in these standards. If operator does not comply with city‟s
determination within a reasonable period of time, the city may provide the customer with
the amount of the credit by means of a withdrawal from the letter of credit.
       D.     Overall Quality of Service. The city may evaluate the overall quality of
customer service provided by the operator to customers:
       1.     In conjunction with any performance review provided for in the franchise
agreement; and
       2.     At any other time, at its sole discretion, based on the number of customer
complaints received by the operator and the city, and the operator‟s response to those
complaints.
       E.     Non-Compliance with Customer Service Standards. Non-compliance with any
provision of these standards is a violation of these standards.

Schedule A
Credits to Customers

       Operator shall provide customers with credits in an amount not less than set forth
below. Credits may be actual credits to the customer‟s account or an equivalent amount in
a form agreeable to customer such as, for example, free pay per view movie or event, or
free premium service for a specified time agreeable to customer.

                                                      Minimum Compensation for Failure
  Standards of Customer Service                       of Service
  A. Courtesy
  1. All employees of operator shall be friendly,     $5.00 credit to their account.
  knowledgeable and helpful in their services.
  B. Accessibility
  1. Operator shall have local telephone access       $10.00 credit to their account.
  lines available twenty-four hours a day, seven
  days a week.
  2. Operator will have dispatchers & technicians     $10.00 credit to their account.
  on call twenty-four hrs/day, seven days/week.
  3. Calls are being answered in thirty seconds or    $5.00 credit to their account.
  less, transfers made promptly and in no event
  is customer on hold longer than thirty seconds,
  ninety percent of the time, measured quarterly.
  4. Calls receiving busy signals shall not exceed    $5.00 credit to their account.
  three percent of the total telephone calls.
  C. Responsiveness
  1. Guaranteed Seven-Day Residential
  Installation
  a. Operator shall complete installations            Customer‟s free installation, or one
  requested within seven business days after the      month‟s basic service, if the fee has
  order has been placed.                              been waived for promotional
                                                      reasons.
                                                                                Page 27 of 144


                                                    Minimum Compensation for Failure
Standards of Customer Service                       of Service
b. All underground cable drops will be buried       $5.00 credit to their account.
no less than twelve inches. Installation will be
completed within one week from the initial
installation, or a date mutually agreed to.
D. Residential Installation and Service
Appointments
1. Customers wanting installation of cable may      $5.00 credit to their account.
choose a four-hr. time block for installation per
Section 4.b.i--Responsiveness
2. Operator shall provide every customer with       $5.00 credit to their account.
an opportunity to express satisfaction w/work.
3. Operator will have responded to a service        $5.00 credit to their account.
request when technician arrives w/in the
agreed upon time, notice left if customer is not
home.
4. Residential Service Interruptions
a. System outages resulting from operator           $5.00 and one day‟s service for
equipment failure affecting five or more            each twenty-four-hour delay.
customers shall be corrected within two hours
after the third customer call is received.
b. All other interruptions resulting from           $5.00 and one day‟s service for
operator equipment failure shall begin to be        each twenty-four-hour delay.
corrected by the end of the next calendar day
and completed as soon as possible.
c. Operator shall keep a file for all service       One day‟s service for each twenty-
interruptions and requests for service that         four-hour delay.
result in a service call.
d. All service outages or interruptions beyond      One day‟s service for each twenty-
the control of cable operator shall be corrected    four-hour delay.
within twenty-four hours except for force
majeure.
5. TV Reception Difficulties.
a. Operator will provide clear TV reception and     One day‟s service for each twenty-
shall make repairs promptly, and interrupt          four-hour delay.
service only for good cause and for the
shortest time possible.
b. If a customer experiences poor video or          One day‟s service for each twenty-
audio reception due to operator‟s equipment,        four-hour delay.
operator will repair the problem no later than
the next day, or at customer‟s convenience.
6. Problem Resolution.
                                                                                Page 28 of 144


                                                    Minimum Compensation for Failure
Standards of Customer Service                       of Service
a. Customer service reps will be able to provide    $5.00 credit to their account.
credit, waive fees, schedule appointments &
change billing cycles. Any difficulties that
cannot be resolved by the customer service rep
will be referred to a supervisor who will use
their best efforts to contact the Customer
within twenty-four hours and offer a solution to
the problem within forty-eight hours.
7. Billing, Credits and Refunds.
a. Operator shall issue a credit or refund within   $5.00 credit to their account.
forty-five days after determining the customer
is entitled to one.
8. Respectful Treatment of Customer‟s
Property.
a. Operator shall replace trees or shrubs           $10.00 credit plus any additional
damaged from installation.                          repairs.
b. Operator will restore any damaged property       $10.00 credit plus any additional
to the same condition it was before damaged.        repairs.
c. Operator will give notice to property owners     $10.00 credit plus any additional
before entering premises, specifying the work       repairs.
to be done.
d. Operator personnel shall clean up the area       $10.00 credit plus any additional
surrounding a work site and properly dispose        repairs.
cable materials.
E. Services for Customers with Disabilities
1. Operator shall provide the following services
for customers with disabilities at no additional
charge:
a. Operator will deliver and pickup converters      $5.00 credit to their account.
at the home of customers with disabilities. In
the case of a malfunctioning converter, the
technician shall replace it with a new one.
2. Operator will provide the following services
for the hearing-impaired at no additional
charge:
a. Operator will provide TDD service with           $5.00 credit to their account.
trained operators who can provide any
assistance available.
3. Operator shall provide free use of a remote      $5.00 credit to their account.
control unit and converter to mobility-impaired
customers, and free use of a second converter
box to senior citizen (age sixty-two or older)
customers who are currently receiving a
second converter box free of charge.
                                                                                   Page 29 of 144


                                                       Minimum Compensation for Failure
Standards of Customer Service                          of Service
4. A customer with a disability may request the        $5.00 credit to their account.
above services by providing cable operator with
a letter from a physician stating their condition,
or by making this request to the installer in
person.
F. Customer Information
1. Upon installation and delivery of the first bill,   Provide customer with the
or at a customer‟s request, operator will              requested information and $5.00
provide the following information:                     credit to account.
a. Products and service offered;
b. Complete range of service options & prices;
c. Customer service standards;
d. Instruction on use of cable TV service and
standard VCR hookups;
e. Billing, collection and disconnect policies;
f. Customer privacy requirements;
g. Complaint procedure, containing the city or
designated agency to whom the complaints
should be addressed;
h. Use and availability or A/B switch;
i. Use and availability of parental control/lock
out service;
j. Special services for customers with visual,
hearing or mobility disabilities;
k. Days, time of operation, and locations of the
customer service centers.
2. Operator will provide customers with written        $5.00 credit to their account.
notification of any change in rates,
programming, or channels at least thirty days
before the date of change.
3. Every employee of operator in contact with          $5.00 credit to their account.
customers will wear an ID card with their name
and photograph. Every vehicle of operator will
be visually ID‟d as working for operator;
C.S.R.‟s will identify themselves on the phone.
4. Estimated cost of service and charges before        $5.00 credit to their account.
work.
G. Customer Privacy
1. Operator will not monitor cable television          The customer has the choice of
signals to determine viewing patterns of a             either a check for at least $100.00,
customer without prior written customer                or credit to their account in the
consent.                                               same amount.
H. Safety
                                                                                           Page 30 of 144


                                                            Minimum Compensation for Failure
     Standards of Customer Service                          of Service
     1. Operator will install and locate its equipment      At least $25.00 a day for each
     in compliance with all federal, state, local and       twenty-four hour delay in
     company safety standards, and in such manner           responding, plus additional rights or
     that will not interfere with or endanger persons       causes of action available to the
     or property.                                           customer.
     I. Satisfaction Guaranteed
     1. Operator will guarantee customer
     satisfaction for every customer who requests
     new installation of cable service or adds any
     additional programming service to his/her
     cable subscription.


(Code 1993, § 6.26.060; Ord. No. O-2002-22, § 2 (part))

6.26.070      Miscellaneous.
       A.     Severability. Should any section, subsection, paragraph, term or provision, of
these standards be determined to be illegal, invalid, or unconstitutional by any court or
agency of competent jurisdiction with regard thereto, such determination shall have no
effect on the validity of any other section, subsection, paragraph, term, or provision of
these standards, each of the latter of which shall remain in full force and effect.
       B.     Non-Waiver. Failure to enforce any provision of these standards shall not
operate as a waiver of the obligations or responsibilities of the operator under said
provision, or any other provision of these standards.

(Code 1993, § 6.26.070; Ord. No. O-2002-22 § 2 (part))

III
                          11
Cable Franchise Agreement

6.26.080      Definitions.
       For the purposes of this franchise and all exhibits attached hereto, the following
terms, phrases, words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense include the future,
words in the plural include the singular, and words in the singular include the plural.
Words not defined shall be given their common and ordinary meaning. The word “shall” is
always mandatory and not merely directory.
       A.     “Access” means the availability for noncommercial use by various agencies,
institutions, organizations, groups and individuals in the community, including the city and
its designees, of the cable system to acquire, create, receive, and distribute video cable
services and other services and signals as permitted under applicable law including, but
not limited to:
       1.     “Public access” means access where community-based, noncommercial


11
     Legal Analysis: Code 1993, § 6.26.080 et seq. Cable franchise. Deleted. This is a specific
         franchise that expires seven years after granting (2009). As such, it is not of a general and
         permanent nature.
                                                                                   Page 31 of 144


organizations, groups or individual members of the general public, on a nondiscriminatory
basis, are the primary users.
        2.     “Educational access” means access where schools are the primary users
having editorial control over programming and services. For purposes of this definition,
“school” means any state-accredited educational institution, public or private, including,
for example, primary and secondary schools, colleges and universities.
        3.     “Government access” means access where governmental institutions or their
designees are the primary users having editorial control over programming and services.
        B.     “Access channel” means any channel, or portion thereof, designated for
access purposes or otherwise made available to facilitate or transmit access programming
or services.
        C.     “Activated” means the status of any capacity or part of the cable system in
which any cable service requiring the use of that capacity or part is available without
further installation of system equipment, whether hardware or software.
        D.     “Affiliate,” when used in connection with grantee, means any person who
owns or controls, is owned or controlled by, or is under common ownership or control
with, grantee, including AT&T Corp., and its successor corporations.
        E.     “Agents” means a person who has a contract with the city authorizing him or
her to perform specific duties directly related to grant or denial of this franchise, including
renewals or franchise or grantee‟s performance of the duties of this franchise when they
are acting within the scope of their authority.
        F.     “Bad debt” means amounts lawfully billed to a subscriber and owed by the
subscriber for cable service and accrued as revenues on the books of grantee, but not
collected after reasonable efforts have been made by grantee to collect the charges.
        G.     “Basic service” means any cable service tier that includes, at a minimum, the
retransmission of local television broadcast signals and local access programming.
        H.     “Broadcast signal” means a television or radio signal transmitted over the air
to a wide geographic audience, and received by a cable system by antenna, microwave,
satellite dish or any other means.
        I.     “Cable act” means the Cable Communications Policy Act of 1984 as amended
by the Cable Television Consumer Protection and Competition Act of 1992 and the
Telecommunications Act of 1996, and including regulations promulgated pursuant to such
act and as it may be amended, and any future federal cable television laws, acts or
regulations.
        J.     “Cable internet service” means any cable service offered by grantee whereby
persons receive access to the Internet through the cable system.
        K.     “Cable operator” means any person or groups of persons, including grantee,
who provide(s) cable service over a cable system and directly or through one or more
affiliates owns a significant interest in such cable system or who otherwise control(s) or is
(are) responsible for, through any arrangement, the management and operation of such a
cable system.
        L.     “Cable service” means the transmission to subscribers of video programming
or other programming service, and subscriber interaction, if any, which is required for the
selection or use of such video programming or other programming service. To the extent
consistent with applicable law, cable service shall include widely-available interactive
services such as, but not limited to, game channels, information services and enhanced
services made available to subscribers by the grantee. The parties intend for the definition
of cable service to be as inclusive as possible consistent with applicable law.
        In a Declaratory Ruling and Notice of Proposed Rulemaking, released March 15,
2002, the F.C.C. stated that cable modem service is not a cable service under the
                                                                                  Page 32 of 144


Communications Act of 1934, as amended, and initiated a rulemaking to, among other
things, examine the state‟s and local government‟s authority to regulate cable modem
service and the scope of the FCC‟s jurisdiction to regulate cable modem service. If the
F.C.C.‟s ruling that cable modem service is not a cable service is modified in a final, non-
appealable decision by the F.C.C. or a court of competent jurisdiction to the extent that
cable modem service is determined to be within the jurisdiction of a local franchising
authority and a cable service, then the definition of cable service shall include cable
internet service.
        M.      “Cable system” means any facility including grantee‟s, consisting of a set of
closed transmissions path and associated signal generation, reception, and control
equipment that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community, but such term does not
include: (A) a facility that serves only to retransmit the television signals of one or more
television broadcast stations; (B) a facility that serves subscribers without using any right-
of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the
provisions of Title II of the Federal Communications Act (47 U.S.C. 201, et seq.), except
that such facility shall be considered a cable system (other than for purposes of Section
621(c) (47 U. S.C. 541(c)) to the extent such facility is used in the transmission of video
programming directly to subscribers, unless the extent of such use is solely to provide
interactive on-demand services; (D) an open video system that complies with federal
statutes; or (E) any facilities of any electric utility used solely for operating its electric
utility systems.
        N.      “Channel” means a portion of the electromagnetic frequency spectrum which
is used in the cable system and which is allocated for the delivery of a television channel
(as television channel is defined by the F.C.C. by regulation).
        O.      “City/Grantor” is the city of Longmont, Colorado, a body politic and corporate
under the laws of the state of Colorado, and all of the area within its boundaries, as such
may change from time to time.
        P.      “City council” means the Longmont city council, or its successor, the
governing body of the city of Longmont.
        Q.      “Commercial subscribers” means any subscribers other than residential
subscribers.
        R.      “Customer service standards” means those standards that apply to cable
television operators as set forth in city‟s ordinances and as may be amended from time to
time.
        S.      “Demarcation point” means the patch panel, termination block or other
termination device provided by the grantee, located within each I-Net site, which
represents the interface between the I-Net and the qualified I-Net user‟s local network or
end user electronics. In all cases the demarcation point will be clearly marked as such by
grantee, and will provide an identifiable interface for the end user electronics.
        T.      “Designated access provider” means the entity or entities designated now or
in the future by the city to manage or co-manage access channels and facilities. The city
may be a designated access provider.
        U.      “Director” means the management information services director of the city.
        V.      “Downstream” means carrying a transmission from the headend to remote
points on the cable system or to Interconnection points on the cable system.
        W.      “Dwelling unit” means any building, or portion thereof, that has independent
living facilities, including provisions for cooking, sanitation and sleeping, and that is
designed for residential occupancy. Buildings with more than one set of facilities for
cooking shall be considered multiple dwelling units unless the additional facilities are
                                                                                 Page 33 of 144


clearly accessory.
        X.    “Expanded basic service” means the tier of optional video programming
services, which is the level of cable service above basic service, and does not include
premium services.
        Y.    “F.C.C.” means the Federal Communications Commission.
        Z.    “Fiber optic” means a transmission medium of optical fiber cable, along with
all associated electronics and equipment, capable of carrying cable service or institutional
network service by means of electric lightwave impulses.
        AA.   “Franchise” means the document in which this definition appears, i.e., the
contractual agreement, executed between the city and grantee, containing the specific
provisions of the authorization granted, including references, specifications, requirements
and other related matters.
        BB.   “Franchise area” means the area within the jurisdictional boundaries of the
city, including any areas annexed by the city during the term of this franchise.
        CC.   “GAAP” means generally accepted accounting principles.
        DD. “Grantee” means AT&T Broadband of Northern Colorado II, LLC, or its lawful
successor, transferee or assignee.
        EE.   “Gross revenues” means any and all revenue received by the grantee, or by
any other entity that is a cable operator of grantee‟s Longmont cable system including
grantee‟s affiliates, from the operation of the grantee‟s cable system to provide cable
services. Gross revenues include, by way of illustration and not limitation, monthly fees
charged subscribers for basic service; any expanded tiers of cable service; optional
premium services; installation, disconnection, reconnection and change-in-service fees;
leased access channel fees; remote control rental fees; all cable service lease payments
from the cable system; late fees and administrative fees; fees, payments or other
consideration received by the grantee from programmers for carriage of programming on
the cable system and accounted for as revenue under GAAP; revenues from rentals or
sales of converters or other cable system equipment; advertising revenues; the fair
market value of consideration received by the grantee for use of the cable system to
provide cable service and accounted for as revenue under GAAP; revenues from program
guides; revenue from data transmissions to the extent these transmissions are considered
cable services under federal law; additional outlet fees; franchise fees; revenue from
interactive services to the extent they are considered cable services under federal law;
revenue from the sale or carriage of other cable services; and revenue from home
shopping, bank-at-home channels and other revenue-sharing arrangements. Gross
revenues shall include revenue received by any entity other than the grantee where
necessary to prevent evasion or avoidance of the obligation under this franchise to pay
the franchise fees. Gross revenues shall not include (i) to the extent consistent with GAAP,
bad debt; provided, however, that all or part of any such bad debt that is written off but
subsequently collected shall be included in gross revenues in the period collected; (ii) the
capital contribution specified in subsection 9.3; or (iii) any taxes on services furnished by
the grantee which are imposed directly on any subscriber or user by the state, city or
other governmental unit and which are collected by the grantee on behalf of said
governmental unit. The franchise fee is not such a tax.
        Notwithstanding the foregoing, in a Declaratory Ruling and Notice of Proposed
Rulemaking released March 15, 2002, the F.C.C. stated that cable modem service is not a
cable service under the Communications Act of 1934, as amended, and initiated a
rulemaking to, among other things, examine the state‟s and local government‟s authority
to regulate cable modem service and the scope of the F.C.C.‟s jurisdiction to regulate
cable modem service. If the F.C.C.‟s ruling that cable modem service is not a cable service
                                                                                   Page 34 of 144


is modified in a final, nonappealable decision by the F.C.C. or a court of competent
jurisdiction to the extent that cable modem service is determined to be a cable service
within the jurisdiction of a local franchising authority and that revenue from cable modem
service may be included as gross revenues derived from the operation of the cable system
to provide cable services for purposes of paying franchise fees collected by local
franchising authorities, then the definition of gross revenues shall include revenues the
grantee receives from providing cable internet services in the franchise area.
         The parties intend for the definition of gross revenues to be as inclusive as possible
consistent with existing applicable law. If there is a change in federal law subsequent to
the effective date of this franchise, such change shall not impact this gross revenues
definition unless the change specifically preempts the affected portion of the definition
above.
         FF.   “Headend” means any facility for signal reception and dissemination on a
cable system, including cables, antennas, wires, satellite dishes, monitors, switches,
modulators, processors for broadcast signals, equipment for the interconnection of the
cable system with adjacent cable systems and interconnection of any networks which are
part of the cable system, and all other related equipment and facilities.
         GG. “Hub” means an intermediary exchange point in the signal distribution
portion of the cable system (including the I-Net), located between the headend and the
nodes.
         HH. “Institutional network” or “I-Net” means that part of the cable system
facilities or capacity designed principally for use by qualified I-Net users (as that term is
defined in subsection 26.170(B)); provided, however, nothing in this definition prevents
the institutional network from being used to send communications to or receive
communications from subscribers or the general public, by remote terminals or otherwise
including, by way of example and not limitation, through connections between the
institutional network and the subscriber network.
         II.   “Interconnect” or “interconnection” means the linking of the cable system or
I-Net with another cable system, communications system or I-Net, including technical,
engineering, physical, financial and other necessary components to accomplish, complete
and adequately maintain such linking, in a manner that permits the transmission and
receiving of electronic or optical signals between the cable system and other cable
system, communications system or I-Net; or the necessary components to accomplish,
complete and adequately maintain pathways that permit the transmission and receiving of
electronic or optical signals between locations connected to portions of the cable system
outside the franchise area and those portions of the cable system inside the franchise
area.
         JJ.   “Leased access channel” means any channel or portion of a channel
commercially available for programming by persons other than grantee, for a fee or
charge.
         KK.   “Node” means an exchange point in the signal distribution system portion of
the cable system (including the I-Net), where in the case of the subscriber network,
optical signals are converted to RF signals.
         LL.   “Person” means any individual, sole proprietorship, partnership, association,
or corporation, or any other form of entity or organization.
         MM. “Premium service” means programming choices (such as movie channels,
pay-per-view programs, or video on demand) offered to subscribers on a per-channel,
per-program or per-event basis.
         NN. “Residential subscriber” means any person who receives cable service
delivered to dwelling units or multiple dwelling units, excluding such multiple dwelling
                                                                                   Page 35 of 144


units billed on a bulk-billing basis.
       OO. “Right-of-way” means each of the following which have been dedicated to the
public or are hereafter dedicated to the public and maintained under public authority or by
others and located within the city: streets, roadways, highways, avenues, lanes, alleys,
bridges, sidewalks, easements, rights-of-way and similar public property and areas.
       PP.    “State” means the state of Colorado.
       QQ. “Subscriber” means any person who or which elects to subscribe to, for any
purpose, cable service provided by grantee by means of or in connection with the cable
system and whose premises are physically wired and lawfully activated to receive cable
service from grantee‟s cable system.
       RR.    “Subscriber network” means that portion of the cable system used primarily
by grantee in the transmission of cable services to residential subscribers.
       SS.    “Telecommunications” means the transmission, between or among points
specified by the user, of information of the user‟s choosing, without change in the form or
content of the information as sent and received (as provided in 47 U.S.C. Section
153(43)).
       TT.    “Telecommunications service” means the offering of telecommunications for
a fee directly to the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used (as provided in 47 U.S.C. Section
153(46)).
       UU. “Tier” means a group of channels for which a single periodic subscription fee
is charged.
       VV.    “„Two-way” means that the cable system is capable of providing both
upstream and downstream transmissions.
       WW. “Upgrade” means improvements to the cable system, as specifically detailed
in subsection 6.26.190(A) of this franchise.
       XX.    “Upstream” means carrying a transmission to the Headend from remote
points on the cable system or from interconnection points on the cable system.
(Code 1993, § 6.26.080; Ord. No. O-2002-22, § 3 (part))

6.26.090     Grant of franchise.
       A.    Grant.
       1.    The city hereby grants to grantee a nonexclusive authorization to make
reasonable and lawful use of the rights-of-way within the city to construct, operate,
maintain, reconstruct, rebuild and upgrade a cable system in the franchise area for the
purpose of providing cable service subject to the terms and conditions set forth in this
franchise. This franchise shall constitute both a right and an obligation to provide the
cable services required by, and to fulfill the obligations set forth in, the provisions of this
franchise.
       2.    Nothing in this franchise shall be deemed to waive the lawful requirements of
any generally applicable city ordinance existing as of the effective date, as defined in
subsection (C)(1).
       3.    Each and every term, provision or condition herein is subject to the
provisions of state law, federal law, the Charter of the city of Longmont, and the
ordinances and regulations enacted pursuant thereto. The Charter and Longmont
Municipal Code, as the same may be amended from time to time, are hereby expressly
incorporated into this franchise as if fully set out herein by this reference. Notwithstanding
the foregoing, the city may not unilaterally alter the material rights and obligations of
grantee under this franchise.
       4.    This franchise shall not be interpreted to prevent the city from imposing
                                                                                    Page 36 of 144


additional lawful conditions, including additional compensation conditions for use of the
rights-of-way, should grantee provide service other than cable service.
         5.    Grantee promises and guarantees, as a condition of exercising the privileges
granted by this franchise, that any affiliate of the grantee directly involved in the offering
of cable service in the franchise area, or directly involved in the management or operation
of the cable system in the franchise area, will also comply with the terms and conditions
of this franchise.
         6.    No rights shall pass to grantee by implication. Without limiting the foregoing,
by way of example and not limitation, this franchise shall not include or be a substitute
for:
         A.    Any other permit or authorization required for the privilege of transacting
and carrying on a business within the city that may be required by the ordinances and
laws of the city;
         B.    Any permit, agreement, or authorization required by the city for right-of-way
users in connection with operations on or in rights-of-way or public property including, by
way of example and not limitation, permits for work in public ways; or
         C.    Any permits or agreements for occupying any other property of the city or
private entities to which access is not specifically granted by this franchise including,
without limitation, permits and agreements for placing devices on poles, in conduits or in
or on other structures.
         7.    This franchise is intended to convey limited rights and interests only as to
those rights-of-way in which the city has an actual interest. It is not a warranty of title or
interest in any right-of-way; it does not provide the grantee with any interest in any
particular location within the right-of-way; and it does not confer rights other than as
expressly provided in the grant hereof.
         8.    This franchise does not authorize grantee to provide telecommunications
service, or to construct, operate or maintain telecommunications facilities. This franchise
is not a bar to imposition of any lawful conditions on grantee with respect to
telecommunications, whether similar, different or the same as the conditions specified
herein. This franchise does not relieve grantee of any obligation it may have to obtain
from the city an authorization to provide telecommunications services, or to construct,
operate or maintain telecommunications facilities, or relieve grantee of its obligation to
comply with any such authorizations that may be lawfully required.
         B.    Use of Rights-of-Way.
         1.    Subject to the city‟s supervision and control, grantee may erect, install,
construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and
along the rights-of-way within the city such wires, cables, conductors, ducts, conduits,
vaults, manholes, amplifiers, pedestals, attachments and other property and equipment
as are necessary and appurtenant to the operation of a cable system within the city.
Grantee, through this franchise, is granted extensive and valuable rights to operate its
cable system for profit using the city‟s rights-of-way in compliance with all applicable city
construction codes and procedures. As trustee for the public, the city is entitled to fair
compensation to be paid for these valuable rights throughout the term of the franchise.
         2.    Grantee must follow city-established requirements for placement of cable
system facilities in rights-of-way, including the specific location of facilities in the rights-
of-way, and must in any event install cable system facilities in a manner that minimizes
interference with the use of the rights-of-way by others, including others that may be
installing communications facilities. Within limits reasonably related to the city‟s role in
protecting public health, safety and welfare, the city may require that cable system
facilities be installed at a particular time, at a specific place or in a particular manner as a
                                                                                Page 37 of 144


condition of access to a particular right-of-way; may deny access if grantee is not willing
to comply with city‟s requirements; and may remove, or require removal of, any facility
that is not installed in compliance with the requirements established by the city, or which
is installed without prior city approval of the time, place or manner of installation, and
charge grantee for all the costs associated with removal; and may require grantee to
cooperate with others to minimize adverse impacts on the rights-of-way through joint
trenching and other arrangements.
        C.     Effective Date and Term of Franchise.
        1.     This franchise and the rights, privileges and authority granted hereunder
shall take effect on May 25, 2002 (the “effective date”), and shall terminate in seven
years on May 25, 2009.
        2.     The grant of this franchise shall have no effect on the grantee‟s duty under
the prior franchise agreement or any ordinance in effect prior to the effective date of this
franchise to indemnify or insure the city against acts and omissions occurring during the
period that the prior franchise agreement was in effect.
        D.     Franchise Nonexclusive. This franchise shall be nonexclusive, and subject to
all prior rights, interests, easements or licenses granted by the city to any person to use
any property, right-of-way, right, interest or license for any purpose whatsoever, including
the right of the city to use same for any purpose it deems fit, including the same or
similar purposes allowed grantee hereunder. The city may at any time grant authorization
to use the rights-of-way for any purpose not incompatible with grantee‟s authority under
this franchise and for such additional franchises for cable systems, as the city deems
appropriate.
        E.     Grant of Other Franchises. In the event the city enters into a franchise,
permit, license, authorization or other agreement of any kind with any other person or
entity other than the grantee to enter into the city‟s rights-of-way for the purpose of
constructing or operating a cable system or providing cable service to any part of the
franchise area, in which the grantee is actually providing cable service under the terms
and conditions of this franchise or is required to extend cable service to under the
provisions of this franchise, the material provisions of the other agreement shall be
reasonably comparable to the material provisions of this franchise as determined by an
objective, reasonable person. One operator shall not be granted an unfair competitive
advantage over another.
        F.     Familiarity with Franchise. The grantee acknowledges and warrants by
acceptance of the rights, privileges and agreements granted herein, that it has carefully
read and fully comprehends the terms and conditions of this franchise and is willing to and
does accept all lawful and reasonable risks of the meaning of the provisions, terms and
conditions herein. The grantee further acknowledges and states that it has fully studied
and considered the requirements relating to the upgrade of the cable system, and all
other requirements and provisions of this franchise, and finds that the same are
commercially practicable at this time.
        G.     Effect of Acceptance. By accepting the franchise, the grantee: (1)
acknowledges and accepts the city‟s legal right to issue and enforce the franchise; (2)
accepts and agrees to comply with each and every provision of this franchise subject to
applicable law; and (3) agrees that the franchise was granted pursuant to processes and
procedures consistent with applicable law, and that it will not raise any claim to the
contrary. Grantee shall not be required to pay grantor fees and taxes on revenues from a
particular service that is unduly discriminatory when compared to those services paid by
other providers of the same service.
(Code 1993, § 6.26.090; Ord. No. O-2002-22, § 3 (part); Ord. No. O-2007-41, § 3, 5-8-
                                                                                  Page 38 of 144


2007)

6.26.100       Franchise fee payment and financial controls.
        A.     Franchise Fee. As compensation for the benefits and privileges granted under
this franchise and in consideration of permission to use the city‟s rights-of-way, grantee
shall pay as a franchise fee to the city, throughout the duration of this franchise, an
amount equal to five percent of grantee‟s gross revenues. Accrual of such franchise fee
shall commence as of the effective date of this franchise.
        B.     Payments. Grantee‟s franchise fee payments to the city shall be computed
quarterly for the preceding calendar quarter ending March 31st, June 30th, September
30th, and December 31st. Each quarterly payment shall be due and payable no later than
thirty days after said dates.
        C.     Acceptance of Payment and Recomputation. No acceptance of any payment
shall be construed as an accord by the city that the amount paid is, in fact, the correct
amount, nor shall any acceptance of payments be construed as a release of any claim the
city may have for further or additional sums payable or for the performance of any other
obligation of grantee.
        D.     Quarterly Franchise Fee Reports. Each payment shall be accompanied by a
written report to the city, verified by an authorized representative of grantee, containing
an accurate statement in summarized form, as well as in detail, of grantee‟s gross
revenues and the computation of the payment amount. Such reports shall detail all gross
revenues of the cable system and shall be drafted in accordance with GAAP.
        E.     Annual Franchise Fee Reports. Grantee shall, within sixty days after the end
of each year, furnish to the city a statement stating the total amount of gross revenues
for the year and all payments, deductions and computations for the period. Such
statement shall be audited by a certified public accountant, who may also be the chief
financial officer or controller of grantee, prior to submission to the city.
        F.     Audits. On an annual basis, upon thirty days prior written notice, the city,
including the city‟s auditor or his or her authorized representative, shall have the right to
conduct an independent audit of grantee‟s records reasonably related to the
administration or enforcement of this franchise, in accordance with GAAP. If the audit
shows that franchise fee payments have been underpaid by four percent or more, grantee
shall pay the total cost of the audit, such cost not to exceed five thousand dollars for each
year of the audit period. The city‟s right to audit and the grantee‟s obligation to retain
records related to a franchise fee audit shall expire three years after each franchise fee
payment has been made to the city.
        G.     Late Payments. In the event any payment due quarterly is not received
within thirty days from the end of the calendar quarter, grantee shall pay interest on the
amount due (at the prime rate as listed in the Wall Street Journal on the date the
payment was due), compounded daily, calculated from the date the payment was
originally due until the date the city receives the payment.
        H.     Underpayments. If a net franchise fee underpayment is discovered, as the
result of an audit, grantee will be assessed damages and interest on the underpayment at
a rate of eight percent per annum, compounded quarterly, calculated from the date each
portion of the underpayment was originally due until the date grantee remits the
payment.
        I.     Alternative Compensation. In the event the obligation of grantee to
compensate the city through franchise fee payments is lawfully suspended or eliminated,
in whole or part, then grantee shall pay to the city compensation equivalent to the
compensation paid to the city by other similarly situated users of the city‟s rights-of-way
                                                                                   Page 39 of 144


for grantee‟s use of the city‟s rights-of-way, provided that in no event shall such
payments exceed the equivalent of five percent of grantee‟s gross revenues (subject to
the other provisions contained in this franchise).
        J.     Maximum Legal Compensation. The parties acknowledge that, at present,
applicable federal law limits the city to collection of a maximum permissible franchise fee
of five percent of gross revenues. In the event that at any time during the duration of this
franchise, the city is authorized to collect an amount in excess of five percent of gross
revenues, then this franchise may be amended unilaterally by the city to provide that such
excess amount shall be added to the franchise fee payments to be paid by grantee to the
city hereunder, provided that grantee has received at least ninety days prior written
notice from the city of such amendment.
        K.     Additional Commitments Not Franchise Fee Payments. No term or condition
in this franchise, including the funding required by Section 6.26.160, shall in any way
modify or affect grantee‟s obligation to pay franchise fees. Although the total sum of
franchise fee payments and additional commitments set forth elsewhere in this franchise
may total more than five percent of grantee‟s gross revenues in any twelve month period,
grantee agrees that the additional commitments herein are not franchise fees as defined
under any federal law, nor are they to be offset or credited against any franchise fee
payments due to the city, nor do they represent an increase in franchise fees to be passed
through to subscribers pursuant to any federal law.
        L.     Tax Liability. The franchise fees shall be in addition to any and all taxes or
other levies or assessments which are now or hereafter required to be paid by businesses
in general by any law of the city, the state or the United States including, without
limitation, sales, use and other taxes, business license fees or other payments. Payment
of the franchise fees under this franchise shall not exempt grantee from the payment of
any other license fee, permit fee, tax or charge on the business, occupation, property or
income of grantee that may be lawfully imposed by the city. Any other license fees, taxes
or charges shall be of general applicability in nature and shall not be levied against
grantee solely because of its status as a cable operator, or against subscribers, solely
because of their status as such.
        M.     Financial Records. Grantee agrees to meet with a representative of the city
upon request to review grantee‟s methodology of record-keeping, financial reporting, the
computing of franchise fee obligations and other procedures, the understanding of which
the city deems necessary for reviewing reports and records.
        N.     Payment on Termination. If this franchise terminates for any reason, the
grantee shall file with the city within ninety calendar days of the date of the termination, a
financial statement certified by an authorized agent of grantee or certified by an
independent certified public accountant if paid for by the city, showing the gross revenues
received by the grantee since the end of the previous fiscal year. The city reserves the
right to satisfy any remaining financial obligations of the grantee to the city by utilizing
the funds available in the letter of credit or other security provided by the grantee upon
giving grantee thirty days written notice.
(Code 1993, § 6.26.100; Ord. No. O-2002-22, § 3 (part))

6.26.110      Administration and regulation.
       A.     Authority.
       1.     The city shall be vested with the power and right to reasonably regulate the
exercise of the privileges permitted by this franchise in the public interest, or to delegate
that power and right, or any part thereof, to the extent permitted under state and local
law, to any agent in its sole discretion.
                                                                                  Page 40 of 144


        2.    Nothing in this franchise shall limit nor expand the city‟s right of eminent
domain under state law.
        B.    Rates and Charges. All of grantee‟s rates and charges related to or regarding
cable services shall be subject to regulation by the city to the full extent authorized by
applicable federal, state and local laws.
        C.    Rate Discrimination. All of grantee‟s rates and charges shall be published (in
the form of a publicly available rate card) and be non-discriminatory as to all persons and
organizations of similar classes, under similar circumstances and conditions. Grantee shall
apply its rates in accordance with governing law, with identical rates and charges for all
subscribers receiving identical cable services, without regard to race, color, ethnic or
national origin, religion, age, sex, sexual orientation, marital, military or economic status,
or physical or mental disability or geographic location within the city. Grantee shall offer
the same cable services to all residential subscribers at identical rates and to multiple
dwelling unit, commercial and bulk accounts subscribers as authorized by F.C.C. rules.
Gratis accounts are excluded from this section. Grantee shall permit subscribers to make
any lawful in-residence connections the subscriber chooses without additional charge nor
penalizing the subscriber therefor. However, if any in-home connection requires service
from grantee due to signal quality, signal leakage or other factors, caused by improper
installation of such in-home wiring or faulty materials of such in-home wiring, the
subscriber may be charged reasonable service charges by grantee. Nothing herein shall be
construed to require or prohibit:
        1.    The temporary reduction or waiving of rates or charges in conjunction with
valid promotional campaigns; or
        2.    The offering of reasonable discounts to senior citizens or economically
disadvantaged citizens; or
        3.    The offering of rate discounts for cable service; or
        4.    The establishment of different and nondiscriminatory rates and charges and
classes of service for residential or commercial subscribers, as allowable by federal law
and regulations.
        Grantee may offer different cable services and different prices for cable services
during phases of upgrade construction.
        D.    Filing of Rates and Charges.
        1.    Throughout the term of this franchise, grantee shall maintain on file with the
city a complete schedule of applicable rates and charges for cable services provided under
this franchise. Nothing in this subsection shall be construed to require grantee to file rates
and charges under temporary reductions or waivers of rates and charges in conjunction
with promotional campaigns. As used in this subsection, no rate or charge shall be
considered temporary if subscribers have the ability over a period greater than four
consecutive months (or such other period as may be approved by the city) to purchase
cable services at such rate or charge.
        2.    Upon request of the city, grantee shall provide a complete schedule of
current rates and charges for any and all leased access channels, or portions of such
channels, provided by grantee. The schedule shall include a description of the price,
terms, and conditions established by grantee for leased access channels.
        E.    Cross Subsidization. Grantee shall comply with all applicable laws regarding
rates for cable services and all applicable laws covering issues of cross subsidization.
        F.    Reserved Authority. The city reserves all regulatory authority arising from the
cable act and any other relevant provisions of federal, state, or local law.
        G.    Time Limits Strictly Construed. Whenever this franchise sets forth a time for
any act to be performed by grantee, such time shall be deemed to be of the essence, and
                                                                                   Page 41 of 144


failure of grantee to perform within the allotted time may be considered a breach of this
franchise, and sufficient grounds for the city to invoke any appropriate remedy.
       H.     Regulations Promulgated by City Council.
       1.     In addition to the powers held by the city under the Colorado Constitution
and the City Charter, the city council is hereby authorized to promulgate by ordinance, in
the exercise of its lawful powers, such additional regulations as it shall find necessary to
effectuate fully the construction and operation of a cable system pursuant to this
franchise; provided that such additional regulations shall be consistent with the terms and
conditions of this franchise and shall not expand the obligations of the grantee, nor limit
the grantee‟s benefits, as provided in this franchise.
       2.     The grantee may propose additional regulations by application to the city
council, but the city council shall not adopt any such proposal unless it expressly
determines that such proposal is consistent with the terms and conditions of this
franchise.
       I.     Franchise Modification Procedure. Either party may at any time seek an
amendment of this franchise by notifying the other party in writing. Within thirty days of
receipt of notice, the city and grantee shall meet to discuss the proposed amendment(s).
If the parties reach a mutual agreement upon the suggested amendment(s), such
amendment(s) shall be submitted to the city council for approval. If approved by the city
council, then such amendment(s) shall be deemed part of this franchise. If mutual
agreement is not reached, there shall be no amendment.
       J.     Performance Evaluations.
       1.     The city may hold performance evaluation sessions within thirty days of the
biennial anniversary dates of the effective date of this franchise upon thirty days written
notice to grantee. All such evaluation sessions shall be conducted by the city.
       2.     Special evaluation sessions may be held at any time by the city during the
term of this franchise.
       3.     All regular evaluation sessions shall be open to the public and announced at
least two weeks in advance in a newspaper of general circulation in the city. Grantee shall
also include with or on the subscriber billing statements for the billing period immediately
preceding the commencement of the session, written notification of the date, time, and
place of the regular performance evaluation session, and any special evaluation session as
required by the city, provided grantee receives appropriate advance notice.
       4.     Topics which may be discussed at any evaluation session may include, but
are not limited to, cable service rate structures; franchise fee payments; liquidated
damages; free or discounted cable services; application of new technologies; cable system
performance; cable services provided; programming offered; subscriber complaints;
privacy; modifications to this franchise; judicial and F.C.C. rulings; line extension policies;
and the city or grantee‟s rules; provided that nothing in this subsection shall be construed
as requiring the renegotiation of this franchise.
       5.     During evaluations under this subsection, grantee shall fully cooperate with
the city and shall provide such non-proprietary information and documents as the city
may reasonably require to perform the evaluation.
       6.     As part of the performance evaluation sessions, grantee shall, upon request,
submit to the city a plant survey report, or map in a format that is the standard industry
format, which includes a description of the portions of the franchise area that are cabled
and have all cable services available. Such report shall also include the number of miles
and location of overhead and underground cable plant and the number of miles (overhead
and underground) and location of the I-Net as described in Section 6.26.170. If the city
has reason to believe that a portion or all of the cable system does not meet the
                                                                                  Page 42 of 144


applicable F.C.C. technical standards, the city retains the right to appoint a qualified
independent engineer at the city‟s expense, to witness grantee‟s testing of its cable
system to evaluate and verify the technical performance of the cable system.
        K.     Late Fees.
        1.     For purposes of this subsection, any assessment, charge, cost, fee or sum,
however characterized, that the grantee imposes upon a subscriber solely for late
payment of a bill is a late fee and shall be applied in accordance with the customer service
standards, as the same may be amended from time to time or as otherwise provided by a
court order that is binding on grantee.
        2.     Nothing in this subsection shall be deemed to create, limit or otherwise affect
the ability of the grantee, if any, to impose other assessments, charges, fees or sums
other than those permitted by this subsection, for the grantee‟s other services or activities
it performs in compliance with applicable law, including F.C.C. law, rule or regulation.
        3.     The grantee‟s late fee and disconnection policies and practices shall be
nondiscriminatory and such policies and practices, and any fees imposed pursuant to this
subsection, shall apply equally in all parts of the city without regard to the neighborhood
or income level of the subscriber.
        L.     Force Majeure. In the event grantee is prevented or delayed in the
performance of any of its obligations under this franchise by reason beyond the control of
grantee, grantee shall have a reasonable time, under the circumstances, to perform the
affected obligation under this franchise or to procure a substitute for such obligation which
is satisfactory to the city. Those conditions which are not within the control of grantee
include, but are not limited to, natural disasters, civil disturbances, labor disputes, power
outages, telephone network outages, and severe or unusual weather conditions which
have a direct and substantial impact on the grantee‟s ability to provide cable services in
the city and which was not caused and could not have been avoided by the grantee which
used its best efforts in its operations to avoid such results. Grantee shall not be excused
by mere economic hardship nor by the misfeasance or malfeasance of its directors,
officers or employees. During the time of delay, to the extent any non-performance is the
result of any force majeure condition, grantee shall not be held in breach of this franchise
or suffer any penalty as a result.
        If grantee believes that a reason beyond its control has prevented or delayed its
compliance with the terms of this franchise, grantee shall provide documentation as
reasonably required by the city to substantiate the grantee‟s claim. If grantee has not yet
cured the deficiency, grantee shall also provide the city with its proposed plan for
remediation, including the timing for such cure.
        This subsection shall not be used to extend the term of the franchise beyond that
specified in subsection 6.26.090(C)(1). Additionally, this subsection shall not apply to the
monetary damages related to the upgrade of the franchise set forth in subsection
6.26.210(H).
(Code 1993, § 6.26.110; Ord. No. O-2002-22, § 3 (part))

6.26.120       Financial and insurance requirements.
        A.     Indemnification.
        1.     General Indemnification. Grantee shall indemnify, defend and hold the city,
its officers, officials, boards, commissions, agents, and employees, harmless from any
action or claim for injury, damage, loss, liability, cost or expense, including court and
appeal costs and attorneys‟ fees or expenses, arising from any casualty or accident to
person or property, including, without limitation, copyright infringement, defamation, and
all other damages arising out of, or by reason of, any construction, excavation, operation,
                                                                                    Page 43 of 144


maintenance, reconstruction, or any other act done under this franchise, by or for
grantee, its agents, or its employees, or by reason of any neglect or omission of grantee.
Grantee shall consult and cooperate with the city while conducting its defense of the city.
This provision shall not apply to claims arising out of the provisions set forth in Section
6.26.160 of this chapter unless such claims directly arise out of the grantee‟s construction
or grantee‟s other operational activities required to provide PEG channels to city.
         2.     Indemnification for Relocation. Grantee shall indemnify the city for any
damages, claims, additional costs or expenses assessed against, or payable by, the city
arising out of, or resulting from, directly or indirectly, grantee‟s failure to remove, adjust
or relocate any of its facilities in the rights-of-way in a timely manner in accordance with
any relocation required by the city to the extent grantee is lawfully required to pay
relocation costs.
         3.     Additional Circumstances. Grantee shall also indemnify, defend and hold the
city harmless for any claim for injury, damage, loss, liability, cost or expense, including
court and appeal costs and attorneys‟ fees or expenses in any way arising out of:
         a.     The actions of the city in granting this franchise to the extent such actions
are consistent with this franchise;
         b.     Damages arising out of any failure by grantee to secure consents from the
owners, authorized distributors, or licensees/licensors of programs to be delivered by the
cable system, whether or not any act or omission complained of is authorized, allowed or
prohibited by this franchise.
         4.     Procedures and Defense. If a claim or action arises, the city or any other
indemnified party shall promptly tender the defense of the claim to grantee, which
defense shall be at grantee‟s expense. The city may participate in the defense of a claim
and, in any event, grantee may not agree to any settlement of claims affecting the city
without the city‟s approval.
         5.     Non-Waiver. The fact that grantee carries out any activities under this
franchise through independent contractors shall not constitute an avoidance of or defense
to grantee‟s duty of defense and indemnification under this subsection.
         6.     Expenses. If separate representation to fully protect the interests of both
parties is necessary, such as a conflict of interest between the city and the counsel
selected by grantee to represent the city, grantee shall pay all expenses incurred by the
city in defending itself with regard to any action, suit or proceeding indemnified by
grantee. The city‟s expenses shall include all out-of-pocket expenses, such as consultants‟
fees, and shall also include the reasonable value of any services rendered by the city
attorney or his/her assistants or any employees of the city or its agents but shall not
include outside attorneys‟ fees for services that are unnecessarily duplicative of services
provided the city by grantee.
         7.     Notwithstanding the foregoing, except for the agreed upon provisions for
granting the franchise, the grantee shall not indemnify the grantor for any damages,
liability or claims resulting from the willful misconduct or negligence of the grantor. If
there is a question relating to whether or not the city is willful or negligent, grantee shall
indemnify the city unless a court of competent jurisdiction finds that the claim has arisen
out of, or in connection with, any willful misconduct, negligent act or failure to act of city,
its officers, or agents. Except as otherwise required by law, grantee shall not be required
to indemnify grantor for claims brought by grantee against grantor.
         B.     Insurance.
         1.     Grantee shall maintain in full force and effect at its own cost and expense
each of the following policies of insurance:
         a.     Commercial general liability insurance with limits of no less than two million
                                                                                     Page 44 of 144


dollars per occurrence and five million dollars general aggregate. Coverage shall be at
least as broad as that provided by ISO CG 00 01 1/96 or its equivalent and include
severability of interests. Such insurance shall include the city, its officers, officials and
employees as additional insureds with respect to liability arising from grantee‟s operations
for which grantee has legally assumed responsibility herein. There shall be a waiver of
subrogation and rights of recovery against the city, its officers, officials and employees,
except with respect to liability arising from their gross negligence or willful misconduct.
Coverage shall apply as to claims between insureds on the policy, if applicable.
        b.      Business automobile liability insurance with minimum combined single limits
of two million dollars each occurrence and three million dollars aggregate with respect to
each of grantee‟s owned, hired and non-owned vehicles assigned to or used in the
operation of the cable system in the city. The policy shall contain a severability of
interests provision.
        c.      Employer‟s liability: One million dollars.
        d.      Worker‟s compensation insurance within the legal limits.
        2.      The certificates of insurance required pursuant to subsection 6.26.120(B)(3)
herein shall provide that the insurance policies evidenced thereon shall not be canceled or
materially changed so as to be out of compliance with these requirements without thirty
days‟ written notice first provided to the city and ten days‟ notice for nonpayment of
premium. If the insurance is canceled or materially altered so as to be out of compliance
with the requirements of this subsection within the term of this franchise, grantee shall
provide a replacement policy. Grantee agrees to maintain continuous uninterrupted
insurance coverage, in at least the amounts required, for the duration of this franchise
and, in the case of the commercial general liability insurance, for at least one year after
expiration of this franchise.
        3.      Self insurance is not permitted for this franchise, unless approved in advance
and in writing by the director and the city‟s risk manager.
        C.      Deductibles/Certificate of Insurance. Any deductible of the policies shall not
in any way limit grantee‟s liability to the city.
        1.      Endorsements.
        a.      All policies, except employer‟s liability and worker‟s compensation policies,
shall contain, or shall be endorsed so that:
        i.      The city, its officers, officials, boards, commissions, employees and agents
are to be covered as, and have the rights of, additional insureds with respect to liability
arising out of activities performed by, or on behalf of, grantee under this franchise or
applicable law, or in the construction, operation or repair, or ownership of the cable
system;
        ii.     Grantee‟s insurance coverage shall be primary insurance with respect to the
city, its officers, officials, boards, commissions, employees and agents. Any insurance or
self-insurance maintained by the city, its officers, officials, boards, commissions,
employees and agents shall not contribute to it; and
        iii.    Grantee‟s insurance shall apply separately to each insured against whom a
claim is made or lawsuit is brought, except with respect to the limits of the insurer‟s
liability.
        2.      Acceptability of Insurers. With the exception of grantee‟s affiliated captive
insurance company, the insurance obtained by grantee shall be placed with insurers with
a Best‟s rating of no less than “A-VII.”
        3.      Verification of Coverage. The grantee shall furnish the city with certificates of
insurance, endorsements or a copy of the page of the policy reflecting blanket additional
insured status, at the option of the grantee no later than thirty days from the effective
                                                                                     Page 45 of 144


date. The certificates or endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The certificates or
endorsements for each insurance policy are to be on standard forms or such forms as are
consistent with standard industry practices, and are to be received and approved by the
city prior to the commencement of activities associated with this franchise. The grantee
hereby warrants that its insurance policies satisfy the requirements of this franchise.
        D.     Letter of Credit.
        1.     No later than the effective date of this franchise, grantee shall establish and
provide to the city, as security for the faithful performance by grantee of all of the
provisions of this franchise, a letter of credit from a financial institution satisfactory to the
city in the amount of fifty thousand dollars.
        2.     The letter of credit shall be maintained at fifty thousand dollars throughout
the term of this franchise, provided that once every three years, the city shall have the
right to increase this amount to reflect increases in the Denver-Boulder-Greeley-
Metropolitan Area Consumer Price Index during the prior three year period.
        3.     The letter of credit may be drawn upon by the city for purposes including,
but not limited to, the following:
        a.     Failure of grantee to pay the city sums due under the terms of this franchise;
        b.     Reimbursement of costs borne by the city to correct franchise violations not
corrected by grantee;
        c.     Monetary remedies or damages assessed against grantee due to default or
breach of franchise requirements; and
        d.     Failure to comply with the customer service standards, as the same may be
amended from time to time.
        4.     The city shall give grantee written notice of any withdrawal under this
subsection upon such withdrawal. Within seven days following receipt of such notice,
grantee shall restore the letter of credit to the amount required under this franchise.
        5.     Grantee shall have the right to appeal to the city council for reimbursement
in the event grantee believes that the letter of credit was drawn upon improperly. Grantee
agrees that it shall not attempt, through litigation or otherwise, to prevent the city from
drawing on the letter of credit. Notwithstanding the foregoing, grantee shall have the right
to seek reimbursement from city through judicial appeal if grantee believes the letter of
credit has not been properly drawn upon in accordance with this franchise. Any funds the
city erroneously or wrongfully withdraws from the letter of credit shall be returned to
grantee with interest, from the date of withdrawal at a rate equal to the prime rate of
interest as quoted in the Wall Street Journal.
        E.     Construction Bond. During times of construction, Grantee shall provide a
construction bond to ensure the faithful performance of its responsibilities under this
franchise and applicable law, including, by way of example and not limitation, its
obligations to relocate and remove its facilities; and to restore city rights-of-way and
other property. The amount of the payment of the construction bond(s) shall be in
accordance with generally applicable procedures of the city‟s public works department.
The amount of the construction bond shall be commensurate with the amount of
construction in the city and shall not exceed one million dollars. Grantee may be required
to obtain additional bonds, such as generally applicable construction bonds during other
times of construction, in accordance with the city‟s ordinary practices. The bond shall be
in a form and with a surety acceptable to the city‟s risk manager and in a form acceptable
to the city attorney. Grantee shall pay all premiums or costs associated with maintaining
the bond(s), and shall keep the same in full force and effect at all times.
(Code 1993, § 6.26.120; Ord. No. O-2002-22 § 3 (part))
                                                                                  Page 46 of 144



6.26.130      Customer service.
       A.     Customer Service Standards. Grantee shall comply with customer service
standards.
       B.     Subscriber Privacy. Grantee shall fully comply with any provisions regarding
the privacy rights of subscribers contained in federal, state, or local law.
       C.     Subscriber Contracts. Grantee shall not enter into a contract with any
subscriber which is in any way inconsistent with the terms of this franchise, or any exhibit
hereto, or the requirements of any applicable customer service standard. Upon request,
grantee will provide to the city a sample of the subscriber contract or service agreement
then in use.
       D.     Advance Notice to City. The grantee shall use reasonable efforts to furnish
advanced notice to the city of information provided to subscribers or the media in the
normal course of business.
(Code 1993, § 6.26.130; Ord. No. O-2002-22, § 3 (part))

6.26.140       Reports and records.
       A.      Open Records. Grantee shall have the right to inspect F.C.C. reports and
other public documents and records open and accessible to the city. The city, including
the city‟s auditor or his or her authorized representative, shall have access to, and the
right to inspect, any books and records of grantee, its parent corporations and affiliates
which are reasonably related to the administration or enforcement of the terms of this
franchise. Grantee shall not deny the city access to any of grantee‟s records on the basis
that grantee‟s records are under the control of any parent corporation, affiliate or a third
party. The city may, in writing, request copies of any such records or books and grantee
shall provide such copies within thirty days of the transmittal of such request. One copy of
all reports and records required under this or any other subsection shall be furnished to
the city at the sole expense of grantee. If the requested books and records are too
voluminous, or for security reasons cannot be copied or removed, then grantee may
request, in writing within ten days, that the city inspect them at grantee‟s local offices. If
any books or records of grantee are not kept in a local office and not made available in
copies to the city upon written request as set forth above, and if the city determines that
an examination of such records is necessary or appropriate for the performance of any of
the city‟s duties, administration or enforcement of this franchise, then all reasonable
travel and related expenses incurred in making such examination shall be paid by grantee.
       B.      Confidentiality. To the extent allowed by law, the city agrees to treat as
confidential any books or records that constitute proprietary or confidential information
under federal or state law, to the extent grantee makes the city aware of such
confidentiality. Grantee shall be responsible for clearly and conspicuously stamping the
word “Confidential” on each page that contains confidential or proprietary information,
and shall provide a brief written explanation as to why such information is confidential
under state or federal law. If the city believes it must release any such confidential books
and records in the course of enforcing this franchise, or for any other reason, it shall
advise grantee in advance so that grantee may take appropriate steps to protect its
interests. If the city receives a demand from any person for disclosure of any information
designated by grantee as confidential, the city shall, so far as consistent with applicable
law, advise grantee and provide grantee with a copy of any written request by the party
demanding access to such information within a reasonable time. Until otherwise ordered
by a court or agency of competent jurisdiction, the city agrees that, to the extent
permitted by state and federal law, it shall deny access to any of grantee‟s books and
                                                                                 Page 47 of 144


records marked confidential as set forth above to any person.
        C.    Records Required.
        1.    Grantee shall at all times maintain, and shall furnish to the city upon written
request:
        a.    A complete set of maps showing the exact location of all cable system
equipment and facilities in the right-of-way, but excluding detail on proprietary electronics
or other proprietary information that is related to grantee‟s specific design of cable system
contained therein and subscriber drops. As-built maps including proprietary electronics
shall be available at grantee‟s offices for inspection by the city‟s authorized
representative(s) or agent(s) and made available to such during the course of technical
inspections as reasonably conducted by the city. These maps shall be certified as accurate
by an appropriate representative of the grantee;
        b.    A copy of all F.C.C. filings on behalf of grantee, its parent corporations or
affiliates which relate to the operation of the cable system in the city;
        c.    Current subscriber records and information;
        d.    A log of cable services added or dropped, channel changes, number of
subscribers added or terminated, all construction activity, and total homes passed for the
previous twelve months; and
        e.    A list of cable services, rates and channel line-ups.
        2.    Subject to subsection 6.26.140(B), all information furnished to the city is
public information, and shall be treated as such, except for information involving the
privacy rights of individual subscribers.
        Grantor shall have the right to waive this requirement upon giving notice to
grantee.
        D.    Annual Reports. Within sixty days after the end of the calendar year, grantee
shall submit to the city a written report, in a form acceptable to the city, which shall
include, but not necessarily be limited to, the following information for the city:
        1.    A gross revenue statement, as required by subsection 6.26.100(E) of this
chapter;
        2.    A summary of the previous year‟s activities in the development of the cable
system, including, but not limited to, cable services begun or discontinued during the
reporting year, and the number of subscribers for each class of cable service (i.e., basic,
expanded basic service and premium); and
        3.    The number of homes passed, beginning and ending plant miles, any
services added or dropped, and any technological changes occurring in the cable system;
and
        4.    A statement of planned construction, if any, for the next year.
        Grantor shall have the right to waive this requirement upon giving notice to
grantee.
        E.    Copies of Federal and State Reports. Grantee shall submit to the city copies
of all pleadings, applications, notifications, communications and documents of any kind,
submitted by grantee or its parent corporation(s), to any federal, state or local courts,
regulatory agencies and other government bodies if such documents directly relate to the
operations of grantee‟s cable system within the city. Grantee shall submit such documents
to the city no later than thirty days after filing, mailing, publication, or completion.
Grantee shall not claim confidential, privileged or proprietary rights to such documents
unless under federal, state, or local law such documents have been determined to be
confidential by a court of competent jurisdiction, or a federal or state agency. With
respect to all documents provided to any federal, state, or local regulatory agency as a
routine matter in the due course of operating grantee‟s cable system within the city,
                                                                                  Page 48 of 144


grantee shall make such documents available to the city upon request. Grantor shall have
the right to waive this requirement upon giving notice to grantee.
        F.    Complaint File and Reports. Grantee shall keep an accurate and
comprehensive file of any and all complaints regarding the cable system, in a manner
consistent with the privacy rights of subscribers, and grantee‟s actions in response to
those complaints. These files shall remain open to the city during normal business hours.
Grantee shall provide the city an executive quarterly summary, which shall include the
following information:
        1.    A summary of service requests, identifying the number and nature of the
requests and their disposition;
        2.    A log of all service interruptions;
        3.    A summary of customer complaints referred by the city to grantee;
        4.    Average response time for service calls;
        5.    Phone activity report;
        6.    Video programming changes (additions/ deletions); and
        7.    Such other information as reasonably requested by the city, provided that
grantee is given thirty days prior written notice of such request before the beginning of
the applicable quarter.
        Grantor shall have the right to waive this requirement upon giving notice to
grantee.
        G.    Failure to Report. The failure or neglect of grantee to file any of the reports
or filings required under this franchise or such other reports as the city may reasonably
request (not including clerical errors or errors made in good faith), may, in the city‟s sole
discretion, be deemed a material breach of this franchise.
        H.    False Statements. Any false or intentional misleading statement or
representation in any report required by this franchise (not including clerical errors or
errors made in good faith) may be deemed a material breach of this franchise and may
subject grantee to all remedies, legal or equitable, which are available to the city under
this franchise or otherwise. (Code 1993, § 6.26.140; Ord. No. O-2002-22, § 3 (part))

6.26.150      Programming.
        A.    Broad Programming Categories. Grantee shall provide or enable the provision
of at least the following initial broad categories of programming to the extent such
categories are reasonably available:
        1.    Educational programming;
        2.    Colorado news, weather and information;
        3.    Sports;
        4.    General entertainment (including movies);
        5.    Children/family-oriented;
        6.    Arts, culture and performing arts;
        7.    Foreign language;
        8.    Science/documentary;
        9.    National news, weather and information;
        10.   Programming addressed to diverse ethnic and minority interests in the city;
        11.   National, state, and local government affairs;
        12.   Access programming made available to grantee by city consistent with the
terms of the franchise; and
        13.   Local programming regarding the city, as well as regional issues, events and
affairs made available to grantee by city consistent with the terms of the franchise.
        B.    Deletion or Reduction of Broad Programming Categories.
                                                                                  Page 49 of 144


        1.     Grantee shall not delete or so limit as to effectively delete any broad
category of programming within its control without the prior written consent of the city.
        2.     In the event of a modification proceeding under federal law, the mix and
quality of cable services provided by grantee on the effective date of this franchise shall
be deemed the mix and quality of cable services required under this franchise throughout
its term.
        C.     Ascertainment of Programming and Customer Satisfaction. Upon request of
the city, the grantee shall, at the sole expense of grantee, undertake a biennial survey of
community views of cable operations in the city, including, but not limited to,
programming, response to community needs directly related to grantee‟s cable services,
satisfaction and dissatisfaction with cable services offered by grantee, and customer
service. Grantee shall consult and cooperate with the city in developing and implementing
an ascertainment methodology. The final form and content of the survey shall be as
mutually agreed upon by the grantee and the city. Grantee shall provide the results of
such survey to the city within two months after completing the survey. Upon request,
grantee shall also provide a copy of results from any other survey of subscribers in the
city conducted independently by the grantee within the previous year. Any survey results
conducted within the city which are intended for external publication shall also be
provided to the city. Nothing herein shall be construed to limit the right of the city to
conduct its own surveys at its own expense.
        D.     Obscenity. Grantee shall not transmit, or permit to be transmitted over any
channel subject to its editorial control, any programming which is obscene under, or
violates any provision of, applicable law relating to obscenity, and is not protected by the
Constitution of the United States. Grantee shall be deemed to have transmitted or
permitted a transmission of obscene programming only if a court of competent jurisdiction
has found that any of grantee‟s officers or employees or agents have permitted
programming which is obscene under, or violative of, any provision of applicable law
relating to obscenity, and is otherwise not protected by the Constitution of the United
States, to be transmitted over any channel subject to grantee‟s editorial control. Grantee
shall comply with all relevant provisions of federal law relating to obscenity.
        E.     Parental Control Device. Upon request by any subscriber, grantee shall make
available a parental control or lockout device, traps or filters to enable a subscriber to
control access to both the audio and video portions of any or all channels. Grantee shall
inform its subscribers of the availability of the lockout device at the time of their initial
subscription and periodically thereafter. Any device offered shall be at a rate, if any, in
compliance with applicable law.
        F.     Continuity of Service Mandatory.
        1.     It shall be the right of all subscribers to continue to receive cable service
from grantee insofar as their financial and other obligations to grantee are honored. The
grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted
cable service regardless of the circumstances. For the purposes of this subsection,
“uninterrupted” does not include short-term outages of the cable system for maintenance
or testing.
        2.     In the event of a change of grantee, or in the event a new cable operator
acquires the cable system in accordance with this franchise, grantee shall cooperate with
the city, new franchisee or cable operator in maintaining continuity of cable service to all
subscribers. During any transition period, grantee shall be entitled to the revenues for any
period during which it operates the cable system, and shall be entitled to reasonable costs
for its services when it no longer operates the cable system.
        3.     In the event grantee fails to operate the cable system for four consecutive
                                                                                   Page 50 of 144


days without prior approval of the director, or without just cause, the city may, at its
option, operate the cable system itself or designate another cable operator until such time
as grantee restores service under conditions acceptable to the city or a permanent cable
operator is selected. If the city is required to fulfill this obligation for grantee, grantee
shall reimburse the city for all reasonable costs or damages that are the result of
grantee‟s failure to perform.
       G.     Cable Bill Inserts. Upon reasonable advance notice, but no more often than
twice per calendar year, the grantee will provide the city with an insert space in
subscribers‟ cable television bills. Grantee shall provide the city with the printing
specifications for the inserts. The city shall be responsible for the content and printing
costs of the insert, and for the cost of shipping the printed inserts to the grantee‟s billing
agent. The city shall only pay incremental mailing costs if the city‟s insert results in an
increase to the standard mailing costs normally incurred by the grantee in sending its
subscriber billing statements.
       The grantee shall also use reasonable efforts to accommodate the city‟s requests
for the placement of messages on billing statements, at no cost to the city.
       H.     Services for the Disabled. Grantee shall comply with the Americans With
Disabilities Act and any amendments thereto.
       I.     Cable Internet Service to Schools and Libraries. Grantee has established a
voluntary initiative to provide cable internet service to all state-accredited K-12 public and
private schools and public libraries, when those institutions are passed by the upgraded
cable system at no cost to the city or institutions. Grantee intends to provide each of
these schools and libraries with one outlet of unlimited internet access, including the
necessary cable modem. The city encourages and supports grantee‟s efforts in this area.
(Code 1993, § 6.26.150; Ord. No. O-2002-22, § 3 (part))

6.26.160      Access.
        A.    Capital Access Contribution. Grantee shall collect and provide to the city up
to seventy-five cents per month per residential subscriber for access or I-Net capital (the
“capital access contribution”). The city shall give grantee at least ninety days advance
written notice stating subscribers‟ willingness to pay this fee and of grantee‟s obligation to
begin payment of the capital access contribution, including the monthly amount to be
collected. Each payment shall be due and payable no later than thirty days following the
end of the quarter from when the capital access contribution takes effect. The city shall
have discretion to allocate the capital access contribution in accordance with applicable
law.
        B.    Management and Control of Access Channels. The city shall have sole and
exclusive responsibility for identifying the designated access providers and allocating the
access resources under this section. The city may authorize designated access providers
to control and manage the use of any and all access facilities provided by grantee under
this franchise, including, without limitation, the operation of access channels. To the
extent of such designation by the city, the designated access provider shall have sole and
exclusive responsibility for operating and managing such access facilities. The city or its
designee may formulate rules for the operation of the access channels, consistent with
this franchise. Grantee shall cooperate with the city and designated access providers in
the use of the cable system and access facilities for the provision of access. Nothing
herein shall prohibit the city from authorizing itself to be a designated access provider.
Nothing herein shall prohibit the city from assigning several designated access providers
to share a single access channel.
        C.    Access Channels. As of the effective date, these access channels shall be
                                                                                 Page 51 of 144


allocated as follows: one public access channel, one educational access channel and one
government access channel.
        All assigned access channels can be used to transmit signals in any format which is
technically compatible with the cable system, including, by way of example and not
limitation, video, audio, secondary audio and/or text messages. Such uses must be in
furtherance of access purposes.
        D.      Change In Technology. In the event grantee makes any change in the cable
system and related equipment and facilities or in grantee‟s signal delivery technology,
which directly or indirectly affects the signal quality or transmission of access services or
programming, grantee shall at its own expense take necessary technical steps or provide
necessary technical assistance, including the acquisition of all necessary equipment and
full training of access personnel, to ensure that the capabilities of access services are not
diminished or adversely affected by such change. For example, this provision shall apply if
the cable system is converted from an analog to a digital format, such that the access
channels must also be converted to digital in order to be received by subscribers.
        E.      Underutilized Access Channels. Grantee and the city agree that it is their
mutual goal to fully and efficiently use the channel capacity of the cable system, which
may include allowing the grantee to use underutilized time on access channels. If grantee
believes that any access channel has underutilized time, grantee may file a request with
the director to use that time. In response to the request, the director will consider a
combination of factors, including, but not limited to, the community‟s needs and interests,
and the source, quantity, type and schedule of the programming carried on the access
channel. The director will also consider, taking into account the mission of the access
programming, whether it is feasible for the designated access providers to cluster access
programming into blocks of time such that the channel space can be compatibly shared
between the designated access provider and the grantee and/or if several designated
access providers can combine their programming onto a single access channel. The
director shall render his/her decision regarding the matter within sixty days of receiving
the request. Should the director find that the access channel or portion of the access
channel may be used by the grantee, then grantee may begin using such time ninety days
after receipt of the decision. The grantee‟s request shall not be unreasonably denied. Any
permission granted pursuant to this subsection for use of an access channel or a portion
thereof shall be considered temporary.
        At such time as a designated access provider believes that it has the resources and
ability to utilize the access channel time currently used by the grantee pursuant to this
subsection, a designated access provider may request that the director return such
channel or portion of the channel for access purposes. In response to the request, the
director will consider a combination of factors, including but not limited to, the
community‟s needs and interests, and the source, quantity, type and schedule of the
programming proposed to be carried on the access channel as well the applicant‟s ability
and resources to acquire or produce the proposed access programming. The director will
also consider, taking into account the mission of the access programming, whether it is
feasible for the designated access providers to cluster access programming into blocks of
time such that the channel space can be compatibly shared between the designated
access provider and the grantee and/or if several designated access providers can
combine their programming onto a single access channel. The director shall render his or
her decision regarding the matter within sixty days of receiving the request. Should the
director find that the evidence exists to support the return of the access channel or
portion of the access channel to the designated access provider, then grantee shall
surrender the requested time on the access channel within ninety days of receiving the
                                                                                   Page 52 of 144


decision. The designated access provider‟s request shall not be unreasonably denied.
         F.    Access Channels On Basic Service. All access channels provided to
subscribers under this franchise shall be included by grantee, without limitation, as a part
of basic service.
         G.    Access Channel Assignments. Grantee will use best efforts to minimize the
movement of access channel assignments. At the effective date, the city‟s public access
channel assignment is Channel 3.
         H.    Relocation of Access Channels. Grantee shall provide the city with a minimum
of ninety days notice, and use its best efforts to provide one hundred twenty days notice,
prior to the time any access channel designation is changed, unless the change is required
by federal law, in which case grantee shall give the city the maximum notice possible. In
addition, grantee shall pay to the city an amount equal to the city‟s costs in remarketing
the location of the access channels and managing the relocation administratively and
technologically, up to a maximum of fifty cents per subscriber. Grantee shall only be
allowed to recover such amounts paid to city as “external costs” (as that term is used in
47 C.F.R. Section 76.922) if the movement of channels is required by federal, state or
local law. Grantee, at grantee‟s expense, will place the city‟s notices of the channel
change on or with its regular monthly billings, upon the city‟s request. Any new channel
designations for the access channels provided pursuant to this franchise shall be in full
compliance with F.C.C. signal quality and proof-of-performance standards.
         I.    Access Interconnections. Grantee acknowledges that it is the city‟s goal to
further the community‟s needs and interests by providing for the Interconnection of
access channels between the city and surrounding communities. Grantee shall take all
necessary technical steps to ensure that technically adequate signal quality is initially and
continuously provided for all Interconnects at the level provided to grantee.
         J.    Return Lines.
         1.    Grantee shall, at its expense, continuously maintain throughout the life of
this franchise return lines to the headend from the production facilities of each of the
designated access providers that are in existence on the effective date, in order to enable
the distribution of access programming to residential subscribers on the access channels,
unless these locations are no longer used by designated access providers.
         2.    Grantee shall upgrade the return lines to the headend from the production
facilities of each of the designated access providers that are in existence on the effective
date to fiber optics and construct and maintain new fiber optic return lines to the headend
from production facilities of new or relocated designated access providers delivering
access programming to residential subscribers as requested in writing by the city. City
shall pay all costs for labor and material for constructing new fiber optic return lines. City
shall send any requests for new return line construction to grantee in writing. Grantee
shall submit an estimate of costs to construct the new return line to the city within thirty
days of receiving the written request. After city has had a reasonable amount of time to
review the estimate, city shall inform grantee in writing that the new return line should be
constructed. When the work is complete, grantee shall submit a bill for the work. City
shall have thirty days from receipt of the bill to submit its payment to grantee.
         K.    Technical Quality. The grantee shall maintain all access channels,
interconnects and return lines at the same or better level of technical quality and
reliability required by this franchise and all other applicable laws, rules and regulations for
other channels, services and Interconnects. The grantee shall provide routine
maintenance and shall repair and replace all transmission equipment as necessary to
carry a quality signal from the access facilities provided under this franchise to
subscribers.
                                                                                 Page 53 of 144


       L.     Information about Access Programming to Sub-scribers. Upon request by the
city, grantee shall include information about access programming in the installation packet
provided to subscribers. The city shall supply the materials for insertion in the packet in a
format consistent with grantee‟s requirements.
(Code 1993, § 6.26.160; Ord. No. O-2002-22, § 3 (part))

6.26.170       Institutional network.
       A.      Private Network.
       1.      The I-Net is a private communications network governed by this franchise
and the cable act. The I-Net is currently in use by the city.
       2.      The I-Net may be used by the city and any qualified I-Net user to provide
any technically and legally compatible, non-commercial service. The city agrees to require
all qualified I-Net users to stipulate and agree to this limitation. “Technically compatible”
includes, but is not limited to, the understanding that the I-Net shall not be used in any
way that will intentionally or unreasonably interfere with the signal quality and the normal
operation of grantee‟s subscriber network. “Legally compatible” includes, but is not limited
to, the understanding that the I-Net may not be used for telecommunications services
unless by separate agreement between the grantee and qualified I-Net users, and that the
qualified I-Net users will not resell access to the I-Net; provided, however, that the
qualified I-Net users shall have the right to provide for the internal switching, routing
and/or cross connection to telecommunications carriers of its choice, for its normal voice
and data communications operations, unless expressly prohibited by state or federal law.
In addition, the grantee and the city shall at all times provide such management of the I-
Net as applicable to ensure the necessary protection of proprietary I-Net signals.
       B.      Qualified I-Net Users. The I-Net will continue to be used by the city and any
qualified I-Net users. Qualified I-Net users are any of the following which are passed by
the cable system and located in the franchise area: (i) the city and its agencies, other
governments and their agencies, public libraries, and all state-accredited public schools,
and (ii) other entities that grantee and the city agree in the future may use the I-Net.
       C.      Maintenance of the I-Net.
       1.      The city shall be responsible for any maintenance from the Demarcation
point of the I-Net. Grantee shall be responsible for maintaining the I-Net up to the
Demarcation point. Grantee shall maintain the I-Net pursuant to the procedures set forth
herein.
       2.      City shall notify grantee of any problems with the I-Net. Grantee shall have
twenty-four hours to submit an estimate for the costs of repairs and the estimated time
for completing the repairs. After receiving such estimate, city shall notify grantee whether
or not grantee should make the repairs. If city notifies grantee to make such repairs,
grantee shall begin to make the necessary repairs on the I-Net within twelve hours of
receiving city‟s request. If grantee needs additional time to begin to repair the I-Net,
grantee shall notify city that more time is needed. Grantee shall use best efforts to timely
complete the I-Net repairs.
       3.      City shall pay grantee a minimum trip charge of seventy-five dollars for each
repair. The minimum trip charge shall include the first hour of work. After the first hour of
work, city shall pay grantee sixty dollars per hour for each technician that repairs the I-
Net. City shall also pay grantee for any materials that may be needed to repair the I-Net.
When the work is complete, grantee shall submit a bill for the work. City shall have thirty
days from receipt of the bill to submit its payment to grantee.
       D.      Connection of Facilities to the I-Net. City shall pay all costs for labor and
material for connecting any qualified I-Net users to the I-Net. City shall send any requests
                                                                                    Page 54 of 144


for connections to the I-Net to grantee in writing. Grantee shall submit an estimate of
costs to connect the site to city within thirty days of receiving the written request. After
city has had a reasonable amount of time to review the estimate, city shall inform grantee
in writing that the site should be connected to the I-Net. Grantee shall have sixty days to
begin the work to connect the site to the I-Net. When the work is complete, grantee shall
submit a bill for the work. City shall have thirty days from receipt of the bill to submit its
payment to grantee.
(Code 1993, § 6.26.170; Ord. No. O-2002-22, § 3 (part))

6.26.180       General right-of-way use and construction.
         A.    Right to Construct. Subject to applicable laws, regulations, rules, resolutions
and ordinances of the city and the provisions of this franchise, grantee may perform all
construction in the rights-of-way for any facility needed for the maintenance, upgrade or
extension of grantee‟s cable system.
         B.    General Standard. All work authorized and required hereunder shall be done
in a safe, thorough and workmanlike manner. All installations of equipment shall be
permanent in nature, durable and installed in accordance with good engineering practices.
         C.    Permits Required for Construction. Prior to doing any work in the right-of-
way or other public property, grantee shall apply for, and obtain, appropriate permits from
the city. As part of the permitting process, the city may impose such conditions and
regulations as are necessary for the purpose of protecting any structures in such rights-
of-way, proper restoration of such rights-of-way and structures, the protection of the
public, and the continuity of pedestrian or vehicular traffic. Such conditions may also
include the provision of a construction schedule and maps showing the location of the
facilities to be installed in the right-of-way. Grantee shall pay all lawful applicable fees for
the requisite city permits received by grantee.
         D.    Emergency Permits. In the event that emergency repairs are necessary,
grantee shall immediately notify the city of the need for such repairs. Grantee may initiate
such emergency repairs, and shall apply for appropriate permits within forty-eight hours
after discovery of the emergency.
         E.    Compliance with Applicable Codes.
         1.    City Construction Codes. Grantee shall comply with all applicable city
construction codes, including, without limitation, the City Public Improvement Design
Standards and Construction Specifications, the Uniform Building Code and other building
codes, the Uniform Fire Code, the Uniform Mechanical Code, the Electronic Industries
Association Standard for Physical Location and Protection of Below-Ground Fiber Optic
Cable Plant, and zoning codes and regulations.
         2.    Tower Specifications. Antenna supporting structures (towers) shall be
designed for the proper loading as specified by the Electronics Industries Association
(EIA), as those specifications may be amended from time to time. Antenna supporting
structures (towers) shall be painted, lighted, erected and maintained in accordance with
all applicable rules and regulations of the Federal Aviation Administration and all other
applicable federal, state, and local codes or regulations.
         3.    Safety Codes. Grantee shall comply with all federal, state and city safety
requirements, rules, regulations, laws and practices, and employ all necessary devices as
required by applicable law during construction, operation and repair of its cable system.
By way of illustration and not limitation, grantee shall comply with the National Electric
code, National Electrical Safety Code and Occupational Safety and Health Administration
(OSHA) Standards.
         F.    GIS Mapping. Grantee shall comply with any generally applicable ordinances,
                                                                                   Page 55 of 144


rules and regulations of the city regarding geographic information mapping systems for
users of the rights-of-way.
         G.    Minimal Interference. Work in the right-of-way, on other public property,
near public property, or on or near private property shall be done in a manner that causes
the least interference with the rights and reasonable convenience of property owners and
residents. Grantee‟s cable system shall be constructed and maintained in such manner as
not to interfere with sewers, water pipes, or any other property of the city, or with any
other pipes, wires, conduits, pedestals, structures, or other facilities that may have been
laid in the rights-of-way by, or under, the city‟s authority. The grantee‟s cable system
shall be located, erected and maintained so as not to endanger or interfere with the lives
of persons, or to interfere with new improvements the city may deem proper to make or
to unnecessarily hinder or obstruct the free use of the rights-of-way or other public
property, and shall not interfere with the travel and use of public places by the public
during the construction, repair, operation or removal thereof, and shall not obstruct or
impede traffic. In the event of such interference, the city may require the removal or
relocation of grantee‟s lines, cables, equipment and other appurtenances from the
property in question at grantee‟s expense.
         H.    Prevent Injury/Safety. Grantee shall provide and use any equipment and
facilities necessary to control and carry grantee‟s signals so as to prevent injury to the
city‟s property or property belonging to any person. Grantee, at its own expense, shall
repair, renew, change and improve its facilities to keep them in good repair, and safe and
presentable condition. All excavations made by grantee in the rights-of-way shall be
properly safeguarded for the prevention of accidents by the placement of adequate
barriers, fences or boarding, the bounds of which, during periods of dusk and darkness,
shall be clearly designated by warning lights.
         I.    Hazardous Substances.
         1.    Grantee shall comply with any and all applicable laws, statutes, regulations
and orders concerning hazardous substances relating to grantee‟s cable system in the
rights-of-way.
         2.    Upon reasonable notice to grantee, the city may inspect grantee‟s facilities in
the rights-of-way to determine if any release of hazardous substances has occurred, or
may occur, from or related to grantee‟s cable system. In removing or modifying grantee‟s
facilities as provided in this franchise, grantee shall also remove all residue of hazardous
substances related thereto.
         3.    Grantee agrees to indemnify the city against any claims, costs, and
expenses, of any kind, whether direct or indirect, incurred by the city arising out of a
release of hazardous substances caused by grantee‟s cable system.
         J.    Locates. Prior to doing any work in the right-of-way, grantee shall give
appropriate notices to the city and to the notification association established in C.R.S.
Section 9-1.5-105, as such may be amended from time to time.
         Within forty-eight hours after any city bureau or franchisee, licensee or permittee
notifies grantee of a proposed right-of-way excavation, grantee shall, at grantee‟s
expense:
         1.    Mark on the surface all of its located underground facilities within the area of
the proposed excavation;
         2.    Notify the excavator of any unlocated underground facilities in the area of
the proposed excavation; or
         3.    Notify the excavator that grantee does not have any underground facilities in
the vicinity of the proposed excavation.
         K.    Notice to Private Property Owners. Grantee shall give notice to private
                                                                                   Page 56 of 144


property owners of work on or adjacent to private property in accordance with the
customer service standards.
        L.       Underground Construction and Use of Poles.
        1.       When required by general ordinances, resolutions, regulations or rules of the
city or applicable state or federal law, grantee‟s cable system shall be placed underground
at grantee‟s expense. Placing facilities underground does not preclude the use of ground-
mounted appurtenances.
        2.       Where electric, telephone, and other above-ground utilities are installed
underground at the time of cable system construction, or when all such wiring is
subsequently placed underground, all cable system lines shall also be placed underground
with other wireline service at no expense to the city or subscribers unless funding is
generally available for such relocation to all users of the rights-of-way. Related cable
system equipment, such as pedestals, must be placed in accordance with the city‟s
applicable code requirements and rules. In areas where either electric or telephone utility
wiring is aerial, the grantee may install aerial cable, except when a property owner or
resident requests underground installation and agrees to bear the additional cost in
excess of aerial installation.
        3.       The grantee shall utilize existing poles and conduit wherever possible.
        4.       In the event grantee cannot obtain the necessary poles and related facilities
pursuant to a pole attachment agreement, and only in such event, then it shall be lawful
for grantee to make all needed excavations in the rights-of-way for the purpose of
placing, erecting, laying, maintaining, repairing, and removing poles, supports for wires
and conductors, and any other facility needed for the maintenance or extension of
grantee‟s cable system. All poles of grantee shall be located as designated by the proper
city authorities.
        5.       This franchise does not grant, give or convey to the grantee the right or
privilege to install its facilities in any manner on specific utility poles or equipment of the
city or any other person. Copies of agreements for the use of poles, conduits or other
utility facilities must be provided upon request by the city.
        6.       The grantee and the city recognize that situations may occur in the future
where the city may desire to place its own cable or conduit for fiber optic cable in trenches
or bores opened by the grantee. The grantee agrees to cooperate with the city in any
construction by the grantee that involves trenching or boring, provided that the city has
first notified the grantee in some manner that it is interested in sharing the trenches or
bores in the area where the grantee‟s construction is occurring. The grantee shall allow
the city to lay its cable, conduit and fiber optic cable in the grantee‟s trenches and bores,
provided the city shares in the cost of the trenching and boring on the same terms and
conditions as the grantee at that time shares the total cost of trenches and bores. The city
shall be responsible for maintaining its respective cable, conduit and fiber optic cable
buried in the grantee‟s trenches and bores under this paragraph.
        M.       Undergrounding of Multiple Dwelling Unit Drops. In cases of single site
multiple dwelling units, grantee shall minimize the number of individual aerial drop cables
by installing multiple drop cables underground between the pole and multiple dwelling unit
where determined to be technologically feasible in agreement with the owners and/or
owner‟s association of the multiple dwelling units.
        N.       Electrical Bonding. Grantee shall ensure that all cable drops are properly
bonded to the electrical power ground at the home, consistent with applicable code
requirements. All non-conforming or nonperforming cable drops shall be replaced by
grantee as necessary.
        O.       Prewiring. Any ordinance or resolution of the city which requires prewiring of
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subdivisions or other developments for electrical and telephone service shall be construed
to include wiring for cable systems.
       P.      Repair and Restoration of Property.
       1.      The grantee shall protect public and private property from damage. If
damage occurs, the grantee shall promptly notify the property owner within twenty-four
hours in writing.
       2.      Whenever grantee disturbs or damages any right-of-way, other public
property or any private property, grantee shall promptly restore the right-of-way or
property to at least its prior condition, normal wear and tear excepted, at its own
expense.
       3.      Rights-of-Way and Other Public Property. Grantee shall warrant any
restoration work performed by or for grantee in the right-of-way or on other public
property for one year. If restoration is not satisfactorily performed by the grantee within a
reasonable time, the city may, after prior notice to the grantee, or without notice where
the disturbance or damage may create a risk to public health or safety, cause the repairs
to be made and recover the cost of those repairs from the grantee. Within thirty days of
receipt of an itemized list of those costs, including the costs of labor, materials and
equipment, the grantee shall pay the city.
       4.      Private Property. Upon completion of the work, which caused any disturbance
or damage, grantee shall promptly commence restoration of private property, and will use
best efforts to complete the restoration within seventy-two hours, considering the nature
of the work that must be performed. Grantee shall also perform such restoration in
accordance with the customer service standards.
       Q.      Use of Conduits by the City. The city may install or affix and maintain wires
and equipment owned by the city for city purposes in or upon any and all of grantee‟s
ducts, conduits or equipment in the rights-of-way and other public places, without charge
to the city, to the extent space therein or thereon is reasonably available, and pursuant to
all applicable ordinances and codes. For the purposes of this subsection, “city purposes”
includes, but is not limited to, the use of the structures and installations for city fire,
police, traffic, water, telephone, and/or signal systems, but not for cable service in
competition with grantee. Grantee shall not deduct the value of such use of its facilities
from its franchise fee payments or from other fees payable to the city.
       R.      Common Users.
       1.      For the purposes of this subsection:
       a.      “Attachment” means any wire, optical fiber or other cable, and any related
device, apparatus or auxiliary equipment, for the purpose of voice, video or data
transmission.
       b.      “Conduit” or “conduit facility” means any structure, or section thereof,
containing one or more Ducts, conduits, manholes, handhole or other such facilities in
grantee‟s cable system.
       c.      “Duct” means a single enclosed raceway for cables, fiber optics or other
wires.
       d.      “Licensee” means any person licensed or otherwise permitted by the city to
use the rights-of-way.
       e.      “Surplus ducts or conduits” are conduit facilities other than those occupied by
grantee or any prior licensee, or unoccupied ducts held by grantee as emergency use
spares, or other unoccupied ducts that grantee reasonably expects to use within two years
from the date of a request for use.
       2.      Grantee acknowledges that the rights-of-way have a finite capacity for
containing conduits. Therefore, grantee agrees that whenever the city determines it is
                                                                                  Page 58 of 144


impracticable to permit construction of an underground conduit system by any other
person which may at the time have authority to construct or maintain conduits or ducts in
the rights-of-way, but excluding persons providing cable services in competition with
grantee, the city may require grantee to afford to such person the right to use grantee‟s
surplus ducts or conduits in common with grantee, pursuant to the terms and conditions
of an agreement for use of surplus ducts or conduits entered into by grantee and the
licensee. Nothing herein shall require grantee to enter into an agreement with such
person if, in grantee‟s reasonable determination, such an agreement would compromise
the integrity of the cable system.
        3.     A licensee occupying part of a duct shall be deemed to occupy the entire
duct.
        4.     Grantee shall give a licensee a minimum of one hundred twenty days notice
of its need to occupy a licensed conduit and shall propose that the licensee take the first
feasible action as follows:
        a.     Pay revised conduit rent designed to recover the cost of retrofitting the
conduit with multiplexing, fiber optics or other space-saving technology sufficient to meet
grantee‟s space needs;
        b.     Pay revised conduit rent based on the cost of new conduit constructed to
meet grantee‟s space needs;
        c.     Vacate the needed ducts or conduit; or
        d.     Construct and maintain sufficient new conduit to meet grantee‟s space
needs.
        5.     When two or more licensees occupy a section of conduit facility, the last
licensee to occupy the conduit facility shall be the first to vacate or construct new conduit.
When conduit rent is revised because of retrofitting, space-saving technology or
construction of new conduit, all licensees shall bear the increased cost.
        6.     All attachments shall meet local, state, and federal clearance and other
safety requirements, be adequately grounded and anchored, and meet the provisions of
contracts executed between grantee and the licensee. Grantee may, at its option, correct
any attachment deficiencies and charge the licensee for its costs. Each licensee shall pay
grantee for any fines, fees, damages or other costs the licensee‟s attachments cause
grantee to incur.
        7.     In order to enforce the provisions of this subsection with respect to grantee,
the city must demonstrate that it has required that all similarly situated users of the
rights-of-way comply with the provisions of this subsection.
        S.     Acquisition of Facilities. Upon grantee‟s acquisition of facilities in any city
right-of-way, or upon the addition to the city of any area in which grantee owns or
operates any facility, grantee shall, at the city‟s request, submit to the city a statement
describing all facilities involved, whether authorized by franchise, permit, license or other
prior right, and specifying the location of all such facilities to the extent grantee has
possession of such information. Such facilities shall immediately be subject to the terms of
this franchise.
        T.     Discontinuing Use/Abandonment of Cable System Facilities. Whenever
grantee intends to discontinue using any facility within the rights-of-way, grantee shall
submit for the city‟s approval a complete description of the facility and the date on which
grantee intends to discontinue using the facility. Grantee may remove the facility or
request that the city permit it to remain in place. Notwithstanding grantee‟s request that
any such facility remain in place, the city may require grantee, at grantee‟s expense
pursuant to applicable laws, to remove the facility from the right-of-way or modify the
facility to protect the public health, welfare, safety, and convenience, or otherwise serve
                                                                                     Page 59 of 144


the public interest. The city may require grantee to perform a combination of modification
and removal of the facility. Grantee shall complete such removal or modification in
accordance with a schedule set by the city. Until such time as grantee removes or
modifies the facility as directed by the city, or until the rights to and responsibility for the
facility are accepted by another person having authority to construct and maintain such
facility, grantee shall be responsible for all necessary repairs and relocations of the
facility, as well as maintenance of the right-of-way, in the same manner and degree as if
the facility were in active use, and grantee shall retain all liability for such facility. If
grantee abandons its facilities, the city may choose to use such facilities for any purpose
whatsoever including, but not limited to, access purposes.
         U.     Movement of Cable System Facilities For City Purposes. The city shall have
the right to require grantee to relocate, remove, replace, modify or disconnect grantee‟s
facilities and equipment located in the rights-of-way or on any other property of the city in
the event of an emergency or when reasonable public convenience requires such change
(for example, without limitation, by reason of traffic conditions, public safety, right-of-way
vacation, right-of-way construction, change or establishment of right-of-way grade,
installation of sewers, drains, gas or water pipes, or any other types of structures or
improvements by the city for public purposes). Such work shall be performed at the
grantee‟s expense pursuant to applicable laws. Except during an emergency, the city shall
provide reasonable notice to grantee, not to be less than five business days, and allow
grantee the opportunity to perform such action. In the event of any capital improvement
project exceeding five hundred thousand dollars in expenditures by the city which requires
the removal, replacement, modification or disconnection of grantee‟s facilities or
equipment, the city shall provide at least sixty days‟ written notice to grantee. Following
notice by the city, grantee shall relocate, remove, replace, modify or disconnect any of its
facilities or equipment within any right-of-way, or on any other property of the city. If the
city requires grantee to relocate its facilities located within the rights-of-way, the city shall
make a reasonable effort to provide grantee with an alternate location within the rights-
of-way. If funds are generally made available to users of the rights-of-way for such
relocation, grantee shall be entitled to its pro rata share of such funds.
         If the grantee fails to complete this work within the time prescribed and to the
city‟s satisfaction, the city may cause such work to be done and bill the cost of the work
to the grantee, including all costs and expenses incurred by the city due to grantee‟s
delay. In such event, the city shall not be liable for any damage to any portion of
grantee‟s cable system. Within thirty days of receipt of an itemized list of those costs, the
grantee shall pay the city if city is legally entitled to reimbursement.
         V.     Movement of Cable System Facilities for Other Franchise Holders. If any
removal, replacement, modification or disconnection of the cable system is required to
accommodate the construction, operation or repair of the facilities or equipment of
another city franchise holder, grantee shall, after at least thirty days‟ advance written
notice, take action to effect the necessary changes requested by the responsible entity.
Grantee may require that the costs associated with the removal or relocation be paid by
the benefited party.
         W.     Temporary Changes for Other Permittees. At the request of any person
holding a valid permit and upon reasonable advance notice, grantee shall temporarily
raise, lower or remove its wires as necessary to permit the moving of a building, vehicle,
equipment or other item. The expense of such temporary changes must be paid by the
permit holder, and grantee may require a reasonable deposit of the estimated payment in
advance.
         X.     Reservation of City Use of Right-of-Way. Nothing in this franchise shall
                                                                                  Page 60 of 144


prevent the city or public utilities owned, maintained or operated by public entities other
than the city from constructing sewers; grading, paving, repairing or altering any right-of-
way; laying down, repairing or removing water mains; or constructing or establishing any
other public work or improvement. All such work shall be done, insofar as practicable, so
as not to obstruct, injure or prevent the use and operation of grantee‟s cable system.
       Y.      Tree Trimming. Subject to acquiring prior written permission of the city, the
grantee shall have the authority to trim trees that overhang a right-of-way so as to
prevent the branches of such trees from coming in contact with the cable system, in
accordance with applicable codes and regulations and current, accepted professional tree
trimming practices.
       Z.      Inspection of Construction and Facilities. The city may inspect any of
grantee‟s facilities, equipment or construction at any time upon at least twenty-four hours‟
notice, or, in case of emergency, upon demand without prior notice. The city shall have
the right to charge generally applicable inspection fees therefor.
       If an unsafe condition is found to exist, the city, in addition to taking any other
action permitted under applicable law, may order grantee, in writing, to make the
necessary repairs and alterations specified therein forthwith to correct the unsafe
condition by a time the city establishes. The city has the right to correct, inspect,
administer and repair the unsafe condition if grantee fails to do so, and to charge grantee
therefor.
       AA.     Stop Work.
       1.      On notice from the city that any work is being performed contrary to the
provisions of this franchise, or in an unsafe or dangerous manner as determined by the
city, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or
standards, the work may immediately be stopped by the city.
       2.      The stop work order shall:
       a.      Be in writing;
       b.      Be given to the person doing the work, or posted on the work site;
       c.      Be sent to grantee by overnight delivery at the address given herein;
       d.      Indicate the nature of the alleged violation or unsafe condition; and
       e.      Establish conditions under which work may be resumed.
       BB.     Work of Contractors and Subcontractors. Grantee‟s contractors and
subcontractors shall be licensed and bonded in accordance with the city‟s ordinances,
regulations and requirements. Work by contractors and subcontractors is subject to the
same restrictions, limitations and conditions as if the work were performed by grantee.
Grantee shall be responsible for all work performed by its contractors and subcontractors
and others performing work on its behalf as if the work were performed by it, and shall
ensure that all such work is performed in compliance with this franchise and other
applicable law, and shall be jointly and severally liable for all damages and correcting all
damage caused by them. It is grantee‟s responsibility to ensure that contractors,
subcontractors or other Persons performing work on grantee‟s behalf are familiar with the
requirements of this franchise and other applicable laws governing the work performed by
them.
(Code 1993, § 6.26.180; Ord. No. O-2002-22, § 3 (part))

6.26.190    Cable system configuration, technical standards and testing.
      A.    Subscriber Network Upgrade.
      1.    Grantee shall upgrade the cable system within three years of the effective
date. Upgrade shall mean that the cable system bandwidth provides two-way capability
throughout the franchise area. The cable system shall be capable of supporting video,
                                                                                 Page 61 of 144


audio, and data transmission.
        At such time as the grantee has completed the upgrade stated above, grantee shall
send written notice to the grantor. The grantor shall have one year from receipt of such
notice to review the sweep analysis records kept by the grantee that verify the completion
of the upgrade.
        2.     Equipment must be installed so that all closed captioning programming
received by the cable system shall include the closed caption signal so long as the closed
caption signal is provided consistent with F.C.C. standards. Equipment must be installed
so that all local signals received in stereo or with secondary audio tracks are retransmitted
in those same formats. In the case of AM/FM radio transmission, the above specifications,
where applicable, shall apply.
        3.     Grantee shall submit to the city each phase of its cable system upgrade
routing, as completed. If grantee claims any portion of the information required is a
business or trade secret or proprietary information and wishes to protect such information
against disclosure, then grantee may invoke the procedures provided for under subsection
6.26.140(B) of this chapter.
        4.     All upgrade construction shall be subject to the city‟s written policies and
procedures for permitting.
        5.     Grantee will take prompt corrective action if it finds that any facilities or
equipment on the cable system are not operating as expected, or if it finds that facilities
and equipment do not comply with the requirements of this franchise or applicable law.
        6.     Grantee‟s construction decisions shall be based solely upon legitimate
engineering decisions and shall not take into consideration the income level of any
particular community within the franchise area.
        B.     Standby Power. Grantee shall provide standby power generating capacity at
the cable system headend capable of providing at least four hours of emergency
operation. Grantee shall maintain standby power system supplies, rated for at least two
hours duration, throughout the trunk and distribution networks, and rated for at least two
hours duration at all nodes and at all hubs. In addition, throughout the term of this
franchise, grantee shall have a plan in place, along with all resources necessary for
implementing such plan, for dealing with outages of more than two hours. This outage
plan and evidence of requisite implementation resources shall be presented to the city no
later than thirty days following receipt of a request.
        C.     Emergency Alert Capability.
        1.     Grantee shall provide the city an operating emergency alert system (“EAS”)
so that the city may use the cable system to transmit an emergency alert signal, including
the ability to override the audio and video on all channels throughout the city from the
city‟s emergency operations center or other location as may be designated by the city. In
addition to the voice override system, grantee shall work with the city to ensure that a
visual override system is in place. Subject to federal and state laws and the city‟s EAS
operational area plan, the city may initiate the operation of the EAS at any time, and the
city may, at its option, elect to share this service with adjoining communities. Emergency
alert capability, as required in this subsection, shall be operational immediately and
throughout the term of the franchise. Upon request, the city shall be permitted to test the
EAS for periods of no more than thirty seconds up to twice a year on a schedule formed in
consultation with grantee. If the test indicates that the EAS is not performing properly,
grantee shall make any necessary adjustment to the EAS, and the city has the right to
retest the EAS.
        2.     The city shall permit only appropriately trained and authorized persons to
operate the EAS equipment provided pursuant to this subsection.
                                                                                   Page 62 of 144


        3.    Grantee shall ensure that the EAS is functioning properly at all times. It will
test the EAS periodically, in a manner consistent with sound operational practices for
emergency systems. Grantee will advise the city of the testing schedule and the city may
be present for the tests.
        D.    Technical Performance. The technical performance of the cable system shall
meet or exceed all applicable federal (including, but not limited to, the F.C.C.), state and
local technical standards, as they may be amended from time to time, regardless of the
transmission technology utilized. The city shall have the full authority permitted by
applicable law to enforce compliance with these technical standards.
        E.    Cable System Performance Testing.
        1.    Grantee shall, at grantee‟s expense, perform the following tests on its cable
system:
        a.    All tests required by the F.C.C.;
        b.    All other tests reasonably necessary to determine compliance with technical
standards adopted by the F.C.C. at any time during the term of this franchise; and
        c.    All other tests as otherwise specified in this franchise.
        2.    At a minimum, grantee‟s tests shall include:
        a.    Cumulative leakage index testing of any new construction;
        b.    Semi-annual compliance and proof of performance tests in conformance with
generally accepted industry guidelines;
        c.    Tests in response to subscriber complaints;
        d.    Periodic monitoring tests, at intervals not to exceed six months, of subscriber
(field) test points, the headend, and the condition of standby power supplies; and
        e.    Cumulative leakage-index, tests, at least annually, designed to ensure that
one hundred percent of grantee‟s cable system has been ground or air tested for signal
leakage in accordance with F.C.C. standards.
        3.    Grantee shall maintain written records of all results of its cable system tests
performed by or for grantee. Copies of such test results will be provided to the city upon
request.
        4.    If the F.C.C. no longer requires proof of performance tests for grantee‟s cable
system during the term of this franchise, grantee agrees that it shall continue to conduct
proof of performance tests on the cable system in accordance with the standards that
were in place on the Effective Date, or any generally applicable standards later adopted,
at least once a year, and provide written results of such tests to the city upon request.
        5.    The F.C.C. semi-annual testing is conducted in January/February and
July/August of each year. If the city contacts grantee prior to the next test period (i. e.,
before December 15th and June 15th respectively of each year), grantee shall provide city
with no less than seven days prior written notice of the actual date(s) for F.C.C.
compliance testing. If city notifies grantee by the December 15th and June 15th dates
that it wishes to have a representative present during the next test(s), grantee shall
cooperate in scheduling its testing so that the representative can be present.
Notwithstanding the above, all technical performance tests may be witnessed by
representatives of the city.
        6.    Grantee shall be required to promptly take such corrective measures as are
necessary to correct any performance deficiencies fully and to prevent their recurrence as
far as possible. Grantee‟s failure to correct deficiencies identified through this testing
process shall be a material violation of this franchise. Sites shall be re-tested following
correction.
        F.    Additional Tests. Where there exists other evidence that in the judgment of
the city casts doubt upon the reliability or technical quality of cable service, the city shall
                                                                                   Page 63 of 144


have the right and authority to require grantee to test, analyze and report on the
performance of the cable system. Grantee shall fully cooperate with the city in performing
such testing and shall prepare the results and a report, if requested, within thirty days
after testing. Such report shall include the following information:
       1.     The nature of the complaint or problem that precipitated the special tests;
       2.     The cable system component tested;
       3.     The equipment used and procedures employed in testing;
       4.     The method, if any, by which such complaint or problem was resolved; and
       5.     Any other information pertinent to said tests and analysis, which may be
required.
(Code 1993, § 6.26.190; Ord. No. O-2002-22, § 3 (part))

6.26.200      Service extension, interconnection and service to public buildings.
        A.    Service Availability.
        1.    In General. Except as otherwise provided herein, grantee shall provide cable
service within seven days of a request by any person within the city. For purposes of this
subsection, a request shall be deemed made on the date of signing a service agreement,
receipt of funds by grantee, receipt of a written request by grantee or receipt by grantee
of a verified verbal request. Grantee shall provide such service:
        a.    With no line extension charge except as specifically authorized elsewhere in
this franchise.
        b.    At a non-discriminatory installation charge for a standard installation,
consisting of a one hundred twenty-five foot drop connecting to an inside wall for
residential subscribers, with additional charges for non-standard installations computed
according to a non-discriminatory methodology for such installations, adopted by grantee
and provided in writing to the city;
        c.    At non-discriminatory monthly rates for residential subscribers.
        2.    Service to Multiple Dwelling Units. The grantee shall offer the individual units
of a multiple dwelling unit all cable services offered to other dwelling units in the city and
shall individually wire units upon request of the properly owner or renter who has been
given written authorization by the owner; provided, however, that any such offering is
conditioned upon the grantee having legal access to said unit. The city acknowledges that
the grantee cannot control the dissemination of particular cable services beyond the point
of demarcation at a multiple dwelling unit.
        3.    Customer Charges for Extensions of Service. No customer shall be refused
service arbitrarily. However, for unusual circumstances, such as a customer‟s request to
locate the cable drop underground, the existence of more than one hundred twenty-five
feet of distance from distribution cable to connection of service to customers, or a density
of less than forty residences per five thousand two hundred eighty cable-bearing strand
feet of trunk or distribution cable, service may be made available on the basis of a capital
contribution in aid of construction, including cost of material, labor and easements. For
the purpose of determining the amount of capital contribution in aid of construction to be
borne by the grantee and customers in the area in which service may be expanded, the
grantee will contribute an amount equal to the construction and other costs per mile,
multiplied by a fraction whose numerator equals the actual number of residences per five
thousand two hundred eighty cable-bearing strand feet of its trunk or distribution cable
and whose denominator equals forty. Customers who request service hereunder will bear
the remainder of the construction and other costs on a pro rata basis. The grantee may
require that the payment of the capital contribution in aid of construction borne by such
potential customers be paid in advance.
                                                                                   Page 64 of 144


        4.     In the event grantor annexes territory that is not within the city limits at the
effective date. Grantee shall provide cable services to the newly annexed area as follows:
        a.     If the newly annexed area does not receive any cable services, grantee and
city shall meet within thirty days to reach an agreement on the time deadline to serve the
new area. Grantee shall serve the new area as soon as possible given technical and
economic factors, and within one hundred-eighty days;
        b.     If the newly annexed area receives cable services from another cable
operator, grantee shall have the right, but not the requirement to provide cable services
to the area;
        c.     If the newly annexed area is served by grantee or its affiliate, the newly
annexed area will be subject to the provisions of the franchise previously covering that
area;
        d.     Grantee may, in its sole discretion, pass any costs to provide cable services
to the newly annexed area to the subscribers in that area.
        B.     Interconnection With Other Cable Systems.
        1.     The cable system shall be interconnected with other contiguous area cable
systems that are owned and operated by grantee or an affiliate, provided that such
systems are served by the same headend that serves the franchise area.
        2.     Grantee shall, in accordance with this subsection, interconnect the access
channels of the cable system with any other contiguous cable system not owned or
operated by grantee or an affiliate of grantee upon the directive of the city.
Interconnection of access channels may be done by direct cable connection, microwave
link, satellite or other appropriate methods. The city shall not direct Interconnection
except under circumstances where it can be accomplished without undue burden or
excessive costs to the subscribers. Grantee shall not be required to Interconnect with the
other cable system unless the operator of that system is willing to do so and pays for its
own cost of constructing and maintaining the Interconnect up to the demarcation point.
        3.     Grantee shall only be required to interconnect government access channels
with an overbuilder in the city in the event that the overbuilder demonstrates to the city
that it would be economically burdensome to its subscribers to construct and maintain
return lines directly from the origination point(s) of the access channels(s) versus
interconnecting with grantee. In the event grantee receives a directive from the city to
interconnect with an overbuilder, grantee shall immediately initiate negotiations with the
overbuilder and shall report to the city the results of such negotiations no later than sixty
days after such initiation. The overbuilder shall be responsible for all of grantee‟s
reasonably incurred costs in constructing and maintaining the interconnect. If the
interconnections interfere in any way with the signal quality and normal operations of
grantee‟s subscriber network, the interconnection shall not be required. Additionally,
grantee shall only be required to interconnect with an overbuilder if the overbuilder is
providing similar support for access as required of grantee pursuant to this franchise.
        4.     Grantee shall explore with any public interconnection authority, regional
interconnection authority or city, county, state or federal regulatory agency which may
hereafter be established for the purpose of regulating, financing or otherwise providing for
the interconnection of cable systems beyond the boundaries of the city, the possibility of
further interconnects.
        C.     Connection of Public Facilities. Grantee shall, at no cost to the city, provide
one outlet of only basic service to all city owned and occupied buildings, schools and
public libraries where such service is provided as of the effective date of this franchise. For
purposes of this subsection, “school” means all state accredited K-12 public and private
schools. In addition, grantee shall provide, at no cost to the city or other entity, one outlet
                                                                                 Page 65 of 144


of only basic service to additional owned or leased and occupied city buildings, schools
and libraries upon request if the drop line from the feeder cable to such building does not
exceed one hundred fifty feet or if the city or other entity agrees to pay the incremental
cost of such drop line in excess of one hundred fifty feet, including the cost of such excess
labor and materials. Such obligation to provide free cable service shall not extend to areas
of city buildings where the grantee would normally enter into a commercial contract to
provide such cable service (e.g., golf courses, airport restaurants and concourses, and
recreation center work out facilities). Outlets of basic service provided in accordance with
this subsection may be used to distribute cable services throughout such buildings,
provided such distribution can be accomplished without causing cable system disruption
and general technical standards are maintained. Such outlets may only be used for lawful
purposes.
        The city civic center complex (“complex”) currently receives basic and expanded
cable service free of charge. The complex shall continue to receive basic and expanded
cable service free of charge for the term of this franchise agreement. This clause shall not
apply to any other city facility.
        D.     Universal Service. Grantee shall not arbitrarily refuse to provide cable
services to any person within its franchise area. All dwelling units, multiple dwelling units
and commercial establishments in the franchise area shall have the same availability of
cable services from grantee‟s cable system under non-discriminatory rates and reasonable
terms and conditions. The city acknowledges that the grantee cannot control the
dissemination of particular cable services beyond the point of demarcation at a multiple
dwelling unit. Notwithstanding the foregoing, grantee may introduce new or expanded
cable services on a geographically phased basis, where such services require an upgrade
of the cable system. Grantee may also charge for line extensions and non-standard
installations pursuant to subsection 6.26.200(A).
(Code 1993, § 6.26.200; Ord. No. O-2002-22, § 3 (part))

6.26.210      Franchise violations.
       A.     Procedure for Remedying Franchise Violations.
       1.     If the director believes that grantee has failed to perform any obligation
under this franchise or has failed to perform in a timely manner, the director shall notify
grantee in writing, stating with reasonable specificity the nature of the alleged breach.
Grantee shall have thirty days from the receipt of such notice to:
       a.     Respond to the director, contesting the director‟s assertion that a breach has
occurred, and requesting a meeting in accordance with subsection 2, below; or
       b.     Cure the breach; or
       c.     Notify the director that grantee cannot reasonably cure the breach within the
thirty days, because of the nature of the breach. In the event the breach cannot be
reasonably cured within thirty days, grantee shall promptly take all reasonable steps to
cure the breach and notify the director in writing and in detail as to the exact steps that
will be taken and the projected completion date. In such case, the director may set a
meeting in accordance with subsection 2 below to determine whether additional time
beyond the thirty days specified above is indeed needed, and whether grantee‟s proposed
completion schedule and steps are reasonable.
       2.     If grantee does not cure the alleged breach within the cure period stated
above, or by the projected completion date under subsection (A)(1)(c), or denies the
breach and the city wishes to pursue the matter, the city shall set a meeting with the city
manager or his or her designee to discuss the issues related to the alleged breach. The
director shall notify grantee of the meeting in writing and such meeting shall take place no
                                                                                     Page 66 of 144


less than thirty days after grantee‟s receipt of notice of the meeting. At the meeting,
grantee shall be provided an opportunity to be heard and to present evidence in its
defense.
        3.     Following the meeting, if the city manager or his or her designee finds that a
breach does exist, the city manager or his or her designee may recommend to city council
that it find that grantee has breached the franchise. The city may order grantee to correct
or remedy the breach within fifteen days or within such other reasonable time frame as
the city shall determine. In the event grantee does not cure within such time to the city‟s
reasonable satisfaction, the city may impose one or more of the following sanctions:
        a.     Withdraw an amount from the letter of credit as monetary damages;
        b.     Recommend the revocation of this franchise pursuant to the procedures in
subsection 6.26.210(B) if the breach is material; or
        c.     Recommend any other legal or equitable remedy available under this
franchise or any applicable law.
        4.     The determination as to whether a violation of this franchise has occurred
shall be within the reasonable discretion of the city, in accordance with applicable law,
provided that any such final determination, other than a determination to begin revocation
proceedings, may be subject to appeal to a court of competent jurisdiction under
applicable law.
        B.     Revocation.
        1.     After completing the procedure set forth in subsection 6.26.210(A), the city
may commence proceedings to revoke this franchise and rescind all rights and privileges
associated with this franchise in the following circumstances, each of which represents a
material breach of this franchise:
        a.     If grantee fails to perform any material obligation under this franchise;
        b.     If grantee willfully fails for more than forty-eight hours to provide continuous
and uninterrupted cable service;
        c.     If grantee attempts to evade any material provision of this franchise or to
practice any fraud or deceit upon the city or subscribers;
        d.     If grantee becomes insolvent, or if there is an assignment for the benefit of
grantee‟s creditors; or
        e.     If grantee makes a material misrepresentation of fact in the application for or
negotiation of this franchise.
        2.     To begin the revocation process, the city shall give at least thirty days
written notice to the grantee of its intent to revoke the franchise at a public hearing
before city council.
        a.     At such hearing, grantee shall be provided a fair opportunity for full
participation, including the right to be represented by legal counsel, to introduce evidence,
and to call and question witnesses. A complete verbatim record and transcript shall be
made of such proceeding and the cost shall be shared equally between the parties. The
city council shall hear any persons interested in the revocation, and shall allow grantee, in
particular, an opportunity to state its position on the matter.
        b.     Within ninety days after the hearing, the city council shall in its reasonable
and lawful discretion determine whether to revoke the franchise and declare that the
franchise is revoked and the letter of credit forfeited or, if the city council determines in its
reasonable and lawful discretion that the breach at issue is capable of being cured by
grantee, direct grantee to take appropriate remedial action within the time and in the
manner and on the terms and conditions that the city council determines are reasonable
under the circumstances. If the city determines that the franchise is to be revoked, the
city shall set forth the reasons for such a decision and shall transmit a copy of the decision
                                                                                  Page 67 of 144


to the grantee. Grantee shall be bound by the city‟s decision to revoke the franchise
unless it appeals the decision to a court of competent jurisdiction within fifteen days of the
date of the decision.
        c.     Grantee shall be entitled to such relief as the court may deem appropriate.
        d.     The city council may at its sole discretion take any lawful action, which it
deems appropriate to enforce the city‟s rights under the franchise in lieu of revocation of
the franchise.
        C.     Procedures in the Event of Termination or Revocation.
        1.     If this franchise expires without renewal or is otherwise lawfully terminated
or revoked, the city may, but is not required to, subject to applicable law:
        a.     Allow grantee to maintain and operate its cable system on a month-to-month
basis or short-term extension of this franchise for not more than six months, unless a sale
of the cable system cannot be closed sooner or grantee demonstrates to the city‟s
satisfaction that it needs additional time to complete the sale; or
        b.     Purchase grantee‟s cable system in accordance with the procedures set forth
in subsection 6.26.210(D), below.
        2.     In the event that a sale has not been completed in accordance with
subsections (C)(1)(a) and/or (C)(1)(b) above, the city may order the removal of the
above-ground cable system facilities and such underground facilities from the city at
grantee‟s sole expense within a reasonable period of time as determined by the city. In
removing its plant, structures and equipment, grantee shall refill, at is own expense, any
excavation that is made by it and shall leave all rights-of-way, public places and private
property in as good condition as that prevailing prior to grantee‟s removal of its
equipment without affecting the electrical or telephone cable wires or attachments. The
indemnification and insurance provisions and the letter of credit shall remain in full force
and effect during the period of removal, and grantee shall not be entitled to, and agrees
not to request, compensation of any sort therefor.
        3.     If grantee fails to complete any removal required by subsection (C)(2) to the
city‟s satisfaction, after written notice to grantee, the city may cause the work to be done
and grantee shall reimburse the city for the costs incurred within thirty days after receipt
of an itemized list of the costs, or the city may recover the costs through the letter of
credit provided by grantee.
        4.     The city or grantee may seek legal and equitable relief to enforce the
provisions of this franchise.
        D.     Purchase of Cable System.
        1.     If at any time this franchise is revoked, terminated, or not renewed upon
expiration in accordance with the provisions of federal law, the city shall have the option
to purchase the cable system consistent with the procedures set forth herein. In no event
shall the city be required to purchase the cable system.
        2.     The city may, at any time thereafter, offer in writing to purchase grantee‟s
cable system. Grantee shall have thirty days from receipt of a written offer from the city
within which to accept or reject the offer.
        3.     In any case where the city elects to purchase the cable system, the purchase
shall be closed within one hundred twenty days of the date of the city‟s audit of a current
profit and loss statement of grantee. The city shall pay for the cable system in cash or
certified funds, and grantee shall deliver appropriate bills of sale and other instruments of
conveyance.
        4.     For the purposes of this subsection, the price for the cable system shall be
determined as follows:
        a.     In the case of the expiration of the franchise without renewal, at fair market
                                                                                    Page 68 of 144


value determined on the basis of grantee‟s cable system valued as a going concern, but
with no value allocated to the franchise itself. In order to obtain the fair market value, this
valuation shall be reduced by the amount of any lien, encumbrance, or other obligation of
grantee, which the city would assume.
       b.     In the case of revocation for cause, the equitable price of grantee‟s cable
system.
       E.     Receivership and Foreclosure.
       1.     At the option of the city, subject to applicable law, this franchise may be
revoked one hundred twenty days after the appointment of a receiver or trustee to take
over and conduct the business of grantee whether in a receivership, reorganization,
bankruptcy or other action or proceeding, unless:
       a.     The receivership or trusteeship is vacated within one hundred twenty days of
appointment; or
       b.     The receivers or trustees have, within one hundred twenty days after their
election or appointment, fully complied with all the terms and provisions of this franchise,
and have remedied all defaults under the franchise. Additionally, the receivers or trustees
shall have executed an agreement duly approved by the court having jurisdiction, by
which the receivers or trustees assume and agree to be bound by each and every term,
provision and limitation of this franchise.
       2.     If there is a foreclosure or other involuntary sale of the whole or any part of
the plant, property and equipment of grantee‟s cable system located within the franchise
area, the city may serve notice of revocation on grantee and to the purchaser at the sale,
and the rights and privileges of grantee under this franchise shall be revoked thirty (30)
days after service of such notice, unless:
       a.     The city has approved the transfer of the franchise, in accordance with the
procedures set forth in this franchise and as provided by law; and
       b.     The purchaser has covenanted and agreed with the city to assume and be
bound by all of the terms and conditions of this franchise.
       F.     No Monetary Recourse Against the City. Grantee shall not have any monetary
recourse against the city or its officers, officials, boards, commissions, agents or
employees for any loss, costs, expenses or damages arising out of any provision or
requirement of this franchise or the enforcement thereof, in accordance with the
provisions of applicable federal, state and local law. The rights of the city under this
franchise are in addition to, and shall not be read to limit, any immunities the city may
enjoy under federal, state or local law.
       G.     Alternative Remedies. No provision of this franchise shall be deemed to bar
the right of the city to seek or obtain judicial relief from a violation of any provision of the
franchise or any rule, regulation, requirement or directive promulgated thereunder.
Neither the existence of other remedies identified in this franchise nor the exercise thereof
shall be deemed to bar or otherwise limit the right of the city to recover monetary
damages for such violations by grantee, or to seek and obtain judicial enforcement of
grantee‟s obligations by means of specific performance, injunctive relief or mandate, or
any other remedy at law or in equity.
       H.     Assessment of Monetary Damages.
       1.     Upon completion of the procedures set forth in subsection 6.26.210(A), the
city may assess against grantee the following monetary damages upon proving the
amount of damage incurred:
       a.     Up to five hundred dollars per day for failure to upgrade the cable system
pursuant to Section 6.26.190(A).
       b.     Up to two hundred fifty dollars per day for other material breaches of this
                                                                                    Page 69 of 144


franchise; or
       c.     Up to one hundred dollars per day for other breaches of this franchise.
       2.     The assessment does not constitute a waiver by city of any other right or
remedy it may have under the franchise or applicable law, including its right to recover
from grantee any additional damages, losses, costs and expenses that are incurred by city
by reason of the breach of this franchise.
       I.     Effect of Abandonment. If the grantee abandons its cable system during the
franchise term, or fails to operate its cable system in accordance with its duty to provide
continuous service, the city, at its option, may operate the cable system; designate
another entity to operate the cable system temporarily until the grantee restores service
under conditions acceptable to the city, or until the franchise is revoked and a new
franchisee is selected by the city; or obtain an injunction requiring the grantee to continue
operations. If the city is required to operate or designate another entity to operate the
cable system, the grantee shall reimburse the city or its designee for all reasonable costs,
expenses and damages incurred.
       J.     What Constitutes Abandonment. The city shall be entitled to exercise its
options in subsection I of this section if:
       1.     Subject to the force majeure conditions contained herein, the grantee fails to
provide cable service in accordance with this franchise over a substantial portion of the
franchise area for four consecutive days, unless the city authorizes a longer interruption of
service; or
       2.     The grantee, for any period, willfully and without cause refuses to provide
cable service in accordance with this franchise.
(Code 1993, § 6.26.210; Ord. No. O-2002-22, § 3 (part))

6.26.220      Franchise renewal and transfer.
        A.    Renewal.
        1.    The city and grantee agree that any proceedings undertaken by the city that
relate to the renewal of the franchise shall be governed by and comply with the provisions
of applicable law.
        B.    Transfer of Ownership or Control.
        1.    The cable system and this franchise shall not be sold, assigned, transferred,
leased or disposed of, either in whole or in part, either by involuntary sale or by voluntary
sale, merger or consolidation; nor shall title thereto, either legal or equitable, or any right,
interest or property therein pass to or vest in any person or entity without the prior
written consent of the city, which consent shall be by the city council, acting by ordinance.
        2.    The grantee shall promptly notify the city of any actual or proposed change
in, or transfer of, or acquisition by any other party of control of the grantee. The word
“control” as used herein is not limited to majority stockholders but includes actual working
control in whatever manner exercised. Every change, transfer or acquisition of control of
the grantee shall make this franchise subject to cancellation unless and until the city shall
have consented in writing thereto. Grantor‟s consent shall not be unreasonably withheld.
        3.    The parties to the sale or transfer shall make a written request to the city for
its approval of a sale or transfer and furnish all information required by law and the city.
        4.    In seeking the city‟s consent to any change in ownership or control, the
proposed transferee shall indicate whether it:
        a.    Has ever been convicted or held liable for acts involving deceit including any
violation of federal, state or local law or regulations, or is currently under an indictment,
investigation or complaint charging such acts;
        b.    Has ever had a judgment in an action for fraud, deceit, or misrepresentation
                                                                                    Page 70 of 144


entered against the proposed transferee by any court of competent jurisdiction;
        c.     Has pending any material legal claim, lawsuit, or administrative proceeding
arising out of or involving a cable system;
        d.     Is financially solvent, by submitting financial data including financial
statements that are audited by a certified public accountant who may also be an officer of
the transferee, along with any other data that the city may reasonably require; and
        e.     Has the financial, legal and technical capability to enable it to maintain and
operate the cable system for the remaining term of the franchise.
        5.     The city shall act by ordinance on the request within one hundred twenty
days of the request, provided it has received all requested information consistent with
subsection 6.26.220(A) of this section. Subject to the foregoing, if the city fails to render
a final decision on the request within one hundred twenty days, such request shall be
deemed granted unless the requesting party and the city agree to an extension of time.
        6.     If any transfer or sale is approved or deemed granted by the city, grantee
shall send city a written notification that the transfer has occurred and an agreement to
be bound by the terms and conditions of the franchise, subject to applicable law.
        7.     In reviewing a request for sale or transfer, the city may inquire into the legal,
technical and financial qualifications of the prospective controlling party or transferee
pursuant to applicable laws, and grantee shall assist the city in so inquiring. The city may
condition said sale or transfer upon such terms and conditions as it deems reasonably
appropriate, provided, however, any such terms and conditions so attached shall be
directly related to the legal, technical and financial qualifications of the prospective
controlling party or transferee and to the resolution of outstanding and unresolved issues
of noncompliance with the terms and conditions of this franchise by grantee.
        8.     Notwithstanding anything to the contrary in this subsection, the prior
approval of the city shall not be required for any sale, assignment or transfer of the
franchise or cable system to an entity controlling, controlled by or under the same
common control as grantee, provided that the proposed assignee or transferee must show
financial responsibility pursuant to applicable laws as may be determined necessary by the
city and must agree in writing to comply with all of the provisions of the franchise.
Further, grantee may pledge the assets of the cable system for the purpose of financing
without the consent of the city; provided that such pledge of assets shall not impair or
mitigate grantee‟s responsibilities and capabilities to meet all of its obligations under the
provisions of this franchise.
(Code 1993, § 6.26.220; Ord. No. O-2002-22, § 3 (part))

6.26.230       Severability.
       If any section, subsection, paragraph, term or provision of this franchise is
determined to be illegal, invalid or unconstitutional by any court or agency of competent
jurisdiction, such determination shall have no effect on the validity of any other section,
subsection, paragraph, term or provision of this franchise, all of which will remain in full
force and effect for the term of the franchise.
(Code 1993, § 6.26.230; Ord. No. O-2002-22, § 3 (part))

6.26.240       Miscellaneous provisions.
       A.      Preferential or Discriminatory Practices Prohibited. No Discrimination in
Employment. In connection with the performance of work under this franchise, the
grantee agrees not to refuse to hire, discharge, promote or demote, or discriminate in
matters of compensation against any person otherwise qualified, solely because of race,
color, religion, national origin, gender, age, military status, sexual orientation, marital
                                                                                  Page 71 of 144


status, or physical or mental disability; and the grantee further agrees to insert the
foregoing provision in all subcontracts hereunder. Throughout the term of this franchise,
grantee shall fully comply with all equal employment or non-discrimination provisions and
requirements of federal, state and local laws, and in particular, F.C.C. rules and
regulations relating thereto.
        B.    Local Employment Efforts. City encourages grantee to use reasonable efforts
to utilize qualified local contractors, including minority business enterprises and woman
business enterprises certified by the city, whenever the grantee employs contractors to
perform work under this franchise.
        C.    Notices. Throughout the term of the franchise, each party shall maintain and
file with the other a local address for the service of notices by mail. All notices shall be
sent postage prepaid to such respective address and such notices shall be effective upon
the date of mailing. These addresses may be changed by the city or the grantee by
written notice at any time. At the effective date of this franchise:
        Grantee‟s address shall be:

      AT&T Broadband of Northern Colorado II, LLC
      8000 East Iliff Avenue
      Denver, CO 80231
      Attention: Local Government Affairs

      With a copy to:

      AT&T Broadband
      Attn: Legal Department/Local Government
      188 Inverness Dr. West, Suite 600
      Englewood, CO 80112

      The City‟s address shall be:

      Director--Management Information Services
      City of Longmont
      350 Kimbark Street
      Longmont, CO 80501

       D.     Descriptive Headings. The headings and titles of the sections and subsections
of this franchise are for reference purposes only, and shall not affect the meaning or
interpretation of the text herein.
       E.     Renewal, Modification, and Transfer Costs to be Borne by Grantee.
       1.     Costs to be borne by the grantee shall include all costs of publication of this
franchise and any and all notices prior to any public meeting provided for pursuant to this
franchise.
       2.     Grantee shall also pay for all costs and expenses incurred by city involved
with the modification if requested by grantee, whether such costs and expenses result
from accrued city in-house staff time, or out of pocket expenses or administrative costs,
as well as expenses of retaining independent consultants or advisors, up to a maximum
amount as mutually-agreed upon by the parties at the time of application for such
modification.
       3.     Grantee shall also pay for the city‟s actual costs of hiring an outside attorney
or consultant to review any ap-plication for franchise transfer under subsection
                                                                                       Page 72 of 144


6.26.220(B) of this franchise up to the amount of two thousand five hundred dollars if city
reasonably believes that an outside consultant is necessary for the city to evaluate
whether the transferee meets the requirements set forth in subsection 6.26.220(B).
Notwithstanding the foregoing, if the city uses a consultant that has been hired by a group
that represents the city, grantee shall only be required to pay the city‟s portion of the
fees. In addition, if at the time of any application for franchise transfer, the city and
grantee are engaged in franchise renewal negotiations which grantee in its sole discretion
terminates after announcement of a contemplated transfer of the franchise, grantee shall
reimburse the city‟s actual, reasonable costs of hiring an outside attorney or consultant to
negotiate renewal of the franchise, through the date on which grantee terminates said
franchise renewal negotiations. The pending proposed merger with Comcast Corporation is
hereby specifically excluded from this subsection. For the proposed Comcast Corporation
merger, grantee agrees to pay up to one thousand five hundred dollars for legal services
of Gorsuch Kirgis, LLP if the city reasonably believes that their services are necessary for
the city to evaluate whether AT&T Comcast meets the requirements set forth in Section
6.26.220(B).
       F.     Binding Effect. This franchise shall be binding upon the parties hereto, their
permitted successors and assigns.
       G.     No Joint Venture. Nothing herein shall be deemed to create a joint venture or
principal-agent relationship between the parties, and neither party is authorized to, nor
shall either party act toward third persons or the public in any manner, which would
indicate any such relationship with the other.
       H.     Waiver. The failure of the city at any time to require performance by the
grantee of any provision hereof shall in no way affect the right of the city hereafter to
enforce the same. Nor shall the waiver by the city of any breach of any provision hereof
be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver
of the provision itself or any other provision.
       I.     Reasonableness of Consent or Approval. Whenever under this franchise
“reasonableness” is the standard for the granting or denial of the consent or approval of
either party hereto, such party shall be entitled to consider public and governmental
policy, moral and ethical standards as well as business and economic considerations.
       J.     Entire Agreement. This franchise and all exhibits represent the entire
understanding and agreement between the parties hereto with respect to the subject
matter hereof and supersede all prior oral negotiations between the parties.
(Code 1993, § 6.26.240; Ord. No. O-2002-22, § 3 (part))


Chapter 6.40

TRANSIENT ACCOMMODATIONS12

Sections:
6.40.010       Hotel defined.
6.40.020       Register of guests.
6.40.030       Fictitious name registration unlawful.




12
     Legal Analysis: Code 1993, ch. 6.40. Deleted as obsolete. Code 1993, § 6.40.020 is adequately
         covered by Code 1993, § 4.05.090.
                                                                                  Page 73 of 144


6.40.010      Hotel defined.
        Every building or structure kept, used or maintained as, or advertised as, or held
out to the public to be, an inn, hotel or lodginghouse, or place where sleeping
accommodations are furnished for hire to transient guests, whether with or without meals,
in which four or more rooms are used for the accommodation of such guests, shall, for the
purposes of this chapter, be defined to be a hotel, and whenever the word “hotel” is used
in this chapter, it shall be construed to mean every structure as is described in this
chapter.
(Code 1981, § 5-14-1; Code 1993, § 6.40.010)

6.40.020       Register of guests.
       In all buildings or structures in the city kept, used or maintained as, or held out to
the public to be, a hotel, a full and complete register must be kept of any and all persons
using any rooms for lodging purposes, which register shall be open to inspection by police
officers. The person having charge of any such hotel, as defined at Section 6.40.010, shall
provide a suitable book or card for the purpose of keeping and effecting such registry,
which book shall set forth the name of the person, date of registry, automobile license
number, home address of the person, and the number of the room occupied, the number
of such room being plainly designated upon the door for the main ingress and egress
therefrom. Before any room or lodging is furnished to a person, such person shall register
and write his name and address in the registry.
(Code 1981, § 5-14-2; Code 1993, § 6.40.020; amended during 1993 recodification)

6.40.030       Fictitious name registration unlawful.
       It is unlawful for any person to write or cause to be written, or knowingly permit to
be written, in any register in any hotel where transients are accommodated, any other or
different name or designation than the true name of the person so registered therein, or
the name by which such person is generally known.
(Code 1981, § 5-14-3; Code 1993, § 6.40.030)


Chapter 6.44

JUNK AND SECONDHAND DEALERS

Sections:
6.44.010    Short title.
6.44.020    Junk dealers--License required--Junk defined.
6.44.030    Secondhand dealers--License required--Exemptions.
6.44.040    Definition of secondhand goods.
6.44.050    Junk dealers and secondhand dealers--License fees--Combination license and
fees--Advance payment.
6.44.060    Unlawful acts.
6.44.070    Records required.
6.44.080    Inspection of goods and records.
6.44.090    Garage sales--Definition--Limitations.
6.44.100    Violation--Penalty--Injunctive relief.
                                                                                  Page 74 of 144

                           13
6.44.010     Short title.
      This chapter may be cited as the “Longmont junk and secondhand dealers code.”
(Code 1993, § 6.44.010; Ord. No. O-92-22, § 1 (part))

6.44.020        Junk dealers--License required--Junk defined.
        It is unlawful to engage in the business of purchasing or selling junk without a
license from the city clerk to carry on the business. Junk, for the purpose of this chapter,
is defined as articles, except secondhand goods, that have outlived their usefulness in
their original form, scrap metals other than gold and silver, old rope, paper, plastic
containers, empty bottles, and all discarded articles no longer used in their manufactured
form composed of such materials. Junked vehicles are specifically excluded from the
definition of junk. This chapter shall not apply to businesses which have an ancillary
business of purchasing recyclable materials.
(Code 1993, § 6.44.020; Ord. No. O-92-22, § 1 (part))

6.44.030       Secondhand dealers--License required--Exemptions.
       It is unlawful to engage in the business of purchasing, trading, selling or accepting
for consignment secondhand goods without a license from the city clerk to carry on the
business. Persons or corporations engaged in a business which has an ancillary business
of purchasing or accepting for consignment secondhand goods for occasional resale are
exempted from the requirement of obtaining a license. Examples of exempted businesses
include but are not limited to jewelry and music stores. Every person selling at a market
such as a flea market, either indoors or outdoors, where secondhand goods are sold from
individual locations, with each location being operated independently from the other
locations, shall obtain a separate license. Persons licensed as pawnbrokers under Chapter
6.56 of this code are exempt from the requirements of this chapter.
(Code 1993, § 6.44.030; Ord. No. O-92-22, § 1 (part))

6.44.040     Definition of secondhand goods.
      “Secondhand goods,” as used in this chapter, means the following items of tangible
personal property sold or traded by a secondhand dealer.
      A.     Cameras, camera lenses, slide or movie projectors, projector screens, flash
guns, enlargers, tripods, binoculars, telescopes, microscopes;
      B.     Televisions, phonographs, tape recorders, video recorders, radios, tuners,
speakers, turntables, amplifiers, compact disc players, record changers, citizens‟ band
broadcasting units and receivers;
      C.     Skis, ski poles, ski boots, ski bindings, golf clubs, guns, luggage, boots and
furs;
      D.     Typewriters, adding machines, calculators, computers, computer components
and accessories, computer printers, portable air conditioners, cash registers, copying
machines, dictating machines, automatic telephone answering machines, microwave
ovens;
      E.     Bicycles, bicycle frames, bicycle derailleur assemblies, bicycle hand brake
assemblies, other bicycle components;
      F.     Musical instruments, watches; and
      G.     Any item of tangible personal property marked with a serial or identification
number and whose price to the secondhand dealer is thirty dollars or more, except motor


13
     Legal Analysis: Code 1993, § 6.44.010. Short title. Deleted as not needed
                                                                                    Page 75 of 144


vehicles, all-terrain recreational vehicles, snowmobiles, motor vehicle parts, mobile
homes, boats, airplanes, large home appliances, and nonprecious scrap metal.
(Code 1993, § 6.44.040; Ord. No. O-92-22, § 1 (part))

6.44.050      Junk dealers and secondhand dealers--License fees--Combination license and
fees--Advance payment.14
       A.     The fee for licenses required in Sections 6.44.020 and 6.44.030 is fifty
dollars for the first year and twenty-five for each renewal.
       B.     If a dealer in secondhand goods is also engaged in the junk business, the
dealer may obtain a license covering both occupations. The fee for a combination junk and
secondhand dealer license is seventy-five dollars for the first year and fifty dollars for
each renewal.
       C.     All license fees are payable in advance.
       D.     All junk dealer‟s licenses, secondhand dealer‟s licenses or combination
licenses shall expire on the thirty-first day of December each year and must be renewed
not later than the first day of February.
       E.     Licenses issued under this chapter are not transferable or assignable.
(Code 1993, § 6.44.050; Ord. No. O-92-22, § 1 (part))

6.44.060       Unlawful acts.15
       It is unlawful:
       A.      For any person to engage in the business of purchasing or selling secondhand
goods or junk on any real property not zoned therefor as a permitted use and no
secondhand or junk dealer‟s licenses shall be issued for any real property not zoned for
such business activity;
       B.      To use a license at any other location other than the one described in the
application upon which it was issued;
       C.      For a licensee to purchase secondhand goods from the following persons:
       1.      Persons under eighteen years of age, or
       2.      Any person who the licensee knows or has reason to believe has been
convicted of burglary, robbery, felony theft or theft by receiving, or
       3.      Any person who appears to be under the influence of alcohol or other
intoxicating substances;
       D.      For any person who deals with a secondhand dealer or any person engaged
in the business of purchasing or selling secondhand goods to knowingly give false
information with respect to the information required by Section 6.44.070;
       E.      For any licensee to accept or purchase any item with an altered or removed
serial number;
       F.      For any licensee or licensee‟s agent to falsify any records required to be kept
by this chapter.
(Code 1993, § 6.44.060; Ord. No. O-92-22, § 1 (part))

6.44.070     Records required.



14
   Legal Analysis: Code 1993, § 6.44.050. Junk dealers and secondhand dealers--License fees--
       Combination license and fees--Advance payment. Please review the fee provided for herein
       and advise as to changes necessary to make same current.
15
   Legal Analysis: Code 1993, § 6.44.060. Unlawful acts. Deleted subsection C.3. as obsolete or
       unenforceable.
                                                                                 Page 76 of 144


       A.     A person engaged in business as a secondhand dealer shall keep and make a
record containing the following information:
       1.     For all secondhand goods except those goods as described in paragraph 2 of
this subsection:
       a.     Name, address and date of birth of the seller or trader,
       b.     Date, time, the place of sale or trade and the amount of the transaction,
       c.     An accurate and detailed account and description of the items sold or traded,
including, but not limited to, any trademark, identification number, serial number, model
number, brand name or other identifying mark on such items,
       d.     The identification number from any of the following forms of identification of
the seller or trader:
       i.     Valid Colorado driver‟s license,
       ii.    An identification card issued in accordance with C.R.S. § 42-2-302,
       iii.   Valid driver‟s license, containing a picture, issued by another state,
       iv.    A military identification card,
       v.     A valid passport,
       vi.    An alien registration card, or
       vii.   A nonpicture identification document issued by a State or Federal
government entity. Should a nonpicture ID be used, a fingerprint of the right index finger
of the seller or trader will be recorded on the transaction form;
       2.     For all secondhand goods purchased by a secondhand dealer from a location
other than the licensed premises:
       a.     Date, time, the place of sale or trade, the name and address of the
auctioneer or person conducting the estate sale if purchased at an auction or estate sale,
and the amount of the transaction,
       b.     An accurate and detailed account and description of the items sold or traded,
including, but not limited to, any trademark, identification number, serial number, model
number, brand name or other identifying mark on such items.
       B.     The above information shall be recorded on prenumbered forms supplied by
the city, and it is the duty of the person engaging in business as a secondhand dealer to
complete the form.
       C.     The completed part of the form marked for police must be mailed or
delivered to the Longmont police department within three days of the date of sale or
delivery. The dealer must keep the dealer‟s copy of the completed form for three years
from the date of the transaction.
(Code 1993, § 6.44.070; Ord. No. O-92-22, § 1 (part); amended during 1993
recodification)

6.44.080      Inspection of goods and records.
        A.    Records. Every person or business required to be licensed by this chapter
shall, during ordinary business hours, upon request of any law enforcement officer, exhibit
the records required in Section 6.44.070.
        B.    Articles. Every person or business required to be licensed by this chapter
shall maintain upon the business premises in unaltered form as received, any article
obtained in the course of business whether brought to the licensed premises or acquired
by the licensee off the licensed premises, for fourteen-days from the date of acquisition.
Articles purchased at auctions and estate sales are exempt from the fourteen day holding
requirement. Every licensee shall make all articles available for inspection by any law
enforcement officer. Articles acquired prior to the effective date of the ordinance codified
in this chapter shall be exempt from this subsection.
                                                                                       Page 77 of 144


(Code 1993, § 6.44.080; Ord. No. O-92-22, § 1 (part))

6.44.090    Garage sales--Definition--Limitations.
      For purposes of this chapter, a “garage sale” is defined as the occasional
nonbusiness public sale of secondhand household and other goods incidental to household
uses by a person or persons from a location zoned for any residential densities set forth in
Chapter 15.03 or 15.04 of this code. It is unlawful to hold a garage sale more than three
consecutive days, or for more than twelve days, within any twelve-month period at the
same location.
(Code 1993, § 6.44.090; Ord. No. O-92-22, § 1 (part); Ord. No. O-2001-78, § 3 (part))

6.44.100      Violation--Penalty--Injunctive relief.16
       A.     The court may punish any person convicted of violating this chapter, except
Section 6.44.090, on garage sales, by a fine up to nine hundred ninety-nine dollars or by
imprisonment up to one hundred eighty days or by both such fine and imprisonment. The
minimum fine for a violation of Section 6.44.060 shall be one hundred dollars, which the
court shall not suspend.
       B.     The court may fine any person convicted of violating Section 6.44.090, on
garage sales, up to one hundred dollars for each violation.
       C.     Nothing in this section shall restrict the city from seeking compliance by an
action for injunctive and other appropriate relief before any court having appropriate
jurisdiction.
(Code 1993, § 6.44.100; Ord. No. O-92-22, § 1 (part); Ord. No. O-94-61, § 9 (part))


Chapter 6.46

MASSAGE THERAPIST LICENSES

Sections:
6.46.010      Short title.
6.46.020      License required--Term.
6.46.030      Definitions.
6.46.040      License--Qualifications.
6.46.050      License--Applications.
6.46.060      License--Fee--Renewal.
6.46.070      Renewal of license issued before 1991.

6.46.010     Short title.17
      This chapter may be cited as the “Longmont massage therapist licensing code.”
(Code 1993, § 6.46.010; Ord. No. O-91-9, § 1 (part))

6.46.020    License required--Term.
      No person shall engage in the business of providing a massage, massage therapy or
massage services without first obtaining from the city clerk a massage therapist license


16
   Legal Analysis: Code 1993, § 6.44.100 Violation--Penalty--Injunctive relief. Please review
       penalty.
17
   Legal Analysis: Code 1993, § 6.46.010 Short title. Deleted as not needed.
                                                                                     Page 78 of 144


authorizing the person to engage in such business. Each license must be renewed
annually.
(Code 1993, § 6.46.020; Ord. No. O-91-9, § 1 (part); Ord. No. O-2001-17, § 1)

6.46.030      Definitions.
       As used in this chapter, “massage” means a method of treating the body for
remedial or hygienic purposes, including but not limited, to rubbing, stroking, kneading,
or tapping with the hand or an instrument or both.
       As used in this chapter, “massage therapist” means a person who has graduated
from a massage therapy school approved or accredited by the state educational board or
division charged with the responsibility of approving or accrediting private occupational
schools or from a school with comparable approval or accreditation from another state
with transcripts showing completion of at least five hundred hours of training in massage
therapy. A massage therapy school may include an equivalency program approved or
accredited by the state educational board or division charged with the responsibility of
approving or accrediting private occupational schools.
(Code 1993, § 6.46.030; Ord. No. O-91-9, § 1 (part); Ord. No. O-2001-17, § 2)

6.46.040    License--Qualifications.
      Massage therapist licenses shall be issued only to persons qualified as massage
therapists.
(Code 1993, § 6.46.040; Ord. No. O-91-9, § 1 (part))

6.46.050    License--Applications.
      Every applicant shall furnish the city clerk the following:
      A.    Name, date of birth and residential address;
      B.    Applicant‟s height, weight and color of eyes;
      C.    Diploma or certificate of graduation as contemplated by Section 6.46.030;
      D.    Evidence that the school attended complies with the requirements of Section
6.46.030.
(Code 1993, § 6.46.050; Ord. No. O-91-9, § 1 (part))

                                      18
6.46.060      License--Fee--Renewal.
       Each application shall be accompanied by a fee of sixty dollars for a new massage
therapist license. The renewal fee is fifteen dollars. Each such license shall be valid for one
year from the date of issuance.
(Code 1993, § 6.46.060; Ord. No. O-91-9, § 1 (part))

6.46.070      Renewal of license issued before 1991.19
        Persons holding a massage therapist or massage parlor license issued before 1991
under Chapter 6.48 of this code and who are qualified as massage therapists may renew
their licenses under this chapter as massage therapists for the renewal fee of fifteen
dollars when those licenses expire.
(Code 1993, § 6.46.070; Ord. No. O-91-9, § 1 (part))


18
   Legal Analysis: Code 1993, § 6.46.060 License--Fee--Renewal. Please review the fee provided
       for herein and advise as to changes necessary to make same current.
19
   Legal Analysis: Code 1993, § 6.46.070 Renewal of license issued before 1991. Please review the
       fee provided for herein and advise as to changes necessary to make same current.
                                                                                   Page 79 of 144




Chapter 6.48

MASSAGE ESTABLISHMENTS

Sections:
6.48.010        Short title.
6.48.015        Massage establishment license required--Term.
6.48.020        Definitions.
6.48.030        Local licensing authority designated.
6.48.040        License--Application.
6.48.050        License--Fee--Renewal fee.
6.48.060        Identity card--Required--Contents--Validity.
6.48.070        Massage therapy license.

                           20
6.48.010     Short title.
      This chapter may be cited as the “Longmont massage establishment code.”
(Code 1981, § 2-19-1; Code 1993, § 6.48.010; Ord. No. O-91-8, § 2; Ord. No. O-2001-
17, § 4)

6.48.015      Massage establishment license required--Term.
       No person shall engage in the business of operating a massage establishment
without first obtaining from the local licensing authority, as described in Section 6.48.030,
a massage establishment license authorizing the person to engage in such business. Each
license must be renewed annually.
(Code 1993, § 6.48.015; Ord. No. O-2001-17, § 5)

6.48.020      Definitions.
       As used in this chapter:
       “Applicant” includes any natural person, partnership, association, company,
corporation, organization or other association making application for licensing under this
chapter. Whenever the application required pursuant to Section 6.48.040 provides for the
furnishing of information or production of documents, and the applicant is other than a
natural person, then such information or production requirements shall apply to the
individual making such application, along with all partners and associates, if the applicant
is a partnership or other association; and the president, vice president, secretary,
managing officer and all shareholders holding over ten percent of the outstanding capital
stock, if applicant is a corporation. Applicant shall additionally provide the information and
production for each employee providing massage services, and in each instance such
information and production shall be submitted before the issuance of any identity card as
to that individual.
       “Massage establishment” means an establishment providing massage, but it does
not include training rooms of public and private schools approved or accredited by the
state Board of Education or approved or accredited by the division charged with the
responsibility of approving or accrediting private occupational schools, training rooms of
recognized professional or amateur athletic teams, and licensed health care facilities. A


20
     Legal Analysis: Code 1993, § 6.48.010 Short title. Deleted as not needed.
                                                                                  Page 80 of 144


facility operated for the purpose of massage therapy performed by a massage therapist is
not a massage establishment. For purposes of this chapter, “massage therapist” means a
person who has graduated from a massage therapy school approved or accredited by the
state educational board or division charged with the responsibility of approving or
accrediting private occupational schools, or from a school with comparable approval or
accreditation from another state with transcripts indicating completion of at least five
hundred hours of training in massage therapy. For the purposes of this chapter, a
massage therapy school may include an equivalency program approved or accredited by
the state educational board or division charged with the responsibility of approving or
accrediting private occupational schools.
(Code 1981, § 2-19-4; Code 1993, § 6.48.020; Ord. No. O-86-20, §§ 1, 2, 3; Ord. No. O-
91-8, § 3; Ord. No. O-2001-17, §§ 6, 7)

6.48.030      Local licensing authority designated.
       A.     The local licensing authority established by Chapter 2.68 of this code shall be
the local licensing authority for the licensing of massage establishments.
(Code 1981, § 2-19-3; Code 1993, § 6.48.030; Ord. No. O-86-20, § 4; Ord. No. O-91-8,
§ 4; Ord. No. O-2001-17, § 7)

6.48.040      License--Application.
        Applicants for the issuance of a massage establishment license shall, upon
application, submit the following documents and specify the following information, in
writing and verified by oath or affirmation, upon forms prepared and furnished by the
local licensing authority:
        A.    Name, date of birth and residential address of applicant for the immediate
past three years, providing dates of residency for each such address;
        B.    Written statements of at least three bona fide residents of Longmont relating
to the issue of the good moral character of applicant;
        C.    Written proof that applicant is over the age of eighteen years;
        D.    Applicant‟s height, weight and color of eyes;
        E.    Two recent portrait photographs at two inches by two inches reflecting the
present general appearance of applicant;
        F.    Applicant shall submit to the Longmont police department for the taking of
fingerprints, which shall be retained by the city clerk;
        G.    The business, occupation or employment of the applicant for the three years
immediately preceding the date of application;
        H.    The massage or similar business license history of the applicant, including
whether such person, in previous operation, in this or other state, has had his or her
license revoked or suspended, the reason therefor, and any such business activity or
occupation subsequent to the action of suspension or revocation;
        I.    The conviction of any crime which in its nature, under the laws of the state of
Colorado, would constitute a felony, along with any conviction for crimes in the nature of
prostitution, pimping or pandering;
        J.    A certificate from a medical doctor or doctor of osteopathy designating that,
as to each person applying massage, within thirty days immediately prior thereto, he or
she has been examined and found to be free of any contagious or communicable disease.
(Code 1981, § 2-19-5; Code 1993, § 6.48.040; Ord. No. O-86-20, §§ 5, 6; Ord. No. O-
91-8, § 5; Ord. No. O-2001-17, § 8)
                                                                                      Page 81 of 144



                                            21
6.48.050       License--Fee--Renewal fee.
       Each application for a new massage establishment license shall be accompanied by
an application fee of two hundred fifty dollars. The fee for each renewal shall be twenty-
five dollars. Any such license shall be valid only during the calendar year of issuance, and
may be renewed on or before April 1st of any subsequent year.
(Code 1993, § 6.48.050; Ord. No. O-86-10, § 8; Ord. No. O-91-8, § 6; Ord. No. O-2001-
17, § 9)

6.48.060      Identity card--Required--Contents--Validity.
       Prior to commencing work in the provision or application of massage services in or
upon the licensed premises, every applicant, licensee and employee shall obtain an
identity card, required by the Colorado Massage Parlor Code, from the Longmont police
department, which card shall contain the name, address, date of birth, name of physician
and date of medical examination as required by Section 6.48.040(J), a recent photograph
of suitable size, along with the name of the person or firm to whom the massage
establishment license is issued, and the license number and street address of the licensed
premises. Such identity card shall be signed by the city clerk or designee. The identity
card shall only be valid upon the premises of the massage establishment thereon
endorsed, and unless revoked or suspended, shall be valid during the term of the current
establishment license.
(Code 1981, § 2-19-7(A); Code 1993, § 6.48.060; Ord. No. O-86-20, § 9; Ord. No. O-91-
8, § 7; amended during 1993 recodification; Ord. No. 00-2001-17, § 10)

6.48.070      Massage therapy license.
       Any person, prior to engaging in the business of providing a massage, massage
therapy or massage services upon the premises of a duly licensed massage establishment,
shall obtain, and at all times retain, a valid massage therapist license. A duly licensed
massage establishment operator shall not engage in the business of performing massage,
massage therapy or massage services without a massage therapist license under Chapter
6.46 of this code.
(Code 1993, § 6.48.070; Ord. No. O-86-20, § 10; Ord. No. O-91-8, § 8; Ord. No. O-2001-
17, § 11)


Chapter 6.56

PAWNBROKERS

Sections:
6.56.010       Pawnbroker defined.
6.56.020       License--Required--Fee--Term.
6.56.030       License--Bond required--Conditions.
6.56.040       Records required.
6.56.050       Inspection of records and goods.
6.56.060       Receiving goods from minors prohibited.



21
     Legal Analysis: Code 1993, § 6.48.050 License--Fee--Renewal fee. Please review the fee
         provided for herein and advise as to changes necessary to make same current.
                                                                                    Page 82 of 144



6.56.010      Pawnbroker defined.
        Any person who advances or loans money, or other valuable thing, on the deposit
of personal security, or who deals in the purchasing of personal property on the condition
of selling the same back at a stipulated price, is a pawnbroker.
(Code 1981, § 2-9-3; Code 1993, § 6.56.010)

6.56.020     License--Required--Fee--Term.22
       No person shall carry on the business of a pawnbroker without first obtaining a
license according to the provisions of this chapter. The fee for such license shall be
twenty-five dollars for three months, and a like sum for any three months thereafter.
(Code 1981, § 2-9-1; Code 1993, § 6.56.020; amended during 1993 recodification)

                                                    23
6.56.030      License--Bond required--Conditions.
       Any person applying for a license as a pawnbroker shall execute a bond to the city
in the penal sum of three hundred dollars, with two or more sureties to be approved by
the city manager, conditioned that the party so licensed shall faithfully observe and keep
all the provisions of this code relating to pawnbrokers, and will pay all damages that may
accrue to any person by reason of any fraud, deceit or misconduct in managing the
business.
(Code 1981, § 2-9-4; Code 1993, § 6.56.030)

6.56.040      Records required.
       Every person engaged or engaging in business as a pawnbroker shall keep, for a
minimum period of one year from the date of each and every business transaction, a
complete record of all articles obtained or sold in the course of such business, showing the
name of the person from whom the articles were obtained and to whom sold, together
with the address of such person and the date of acquisition or sale. The fingerprint of the
right index finger, or photograph showing the face of the person if such fingerprint if not
obtainable, shall also be obtained by the person so engaging in business from the person
from whom any such articles are so obtained. In the event that such articles bear
manufacturer‟s identification number, the number shall be recorded. All the aforesaid
information required shall be recorded on a prenumbered form supplied by the city, and it
shall be the duty of the person so engaging in business to fully complete each and every
applicable section of such form provided.
(Code 1981, § 2-9-5; Code 1993, § 6.56.040; Ord. No. O-81-17, § 1)

6.56.050      Inspection of records and goods.
        A.    Records. Every person engaged in business as a pawnbroker as contemplated
in this chapter shall, during ordinary business hours, upon request of the police chief or
designated deputy, exhibit the original of the record required in Section 6.56.040.
        B.    Articles. Every person engaged in business as a pawnbroker as contemplated
in this chapter shall maintain upon the business premises and available for inspection, in



22
   Legal Analysis: Code 1993, § 6.56.020 License--Required--Fee--Term. Please review the fee
       provided for herein and advise as to changes necessary to make same current.
23
   Legal Analysis: Code 1993, § 66.56.030. License--Bond required--Conditions. Please review the
       amount of the bond provided for herein and advise as to changes necessary to make same
       current.
                                                                                        Page 83 of 144


unaltered form as received, by the police chief or designated deputy, any article obtained
in the course of business for a period of ten days from the date of acquisition; provided,
however, that any such article submitted to the police chief or designated deputy during
ordinary business hours for inspection shall be free from any restraint as herein provided.
(Code 1981, § 2-9-6; Code 1993, § 6.56.050; amended during 1993 recodification; Ord.
No. O-81-17, § 2)

6.56.060       Receiving goods from minors prohibited.
       No pawnbroker shall receive at any time, by way of pledge or pawn, any goods,
articles or things whatever, from a minor.
(Code 1981, § 2-9-2; Code 1993, § 6.56.060)

Chapter 6.60

PUBLIC SERVICE COMPANY FRANCHISE*24
I
Definitions
Sections:
6.60.010    Definitions.

II
Grant of Franchise
Sections:
6.60.020     Franchise granted.
6.60.030     Limitations and exclusions.
6.60.040     Franchise term.

III
Franchise Fee
Sections:
6.60.050    Franchise fee designated.
6.60.060    Payment schedule.
6.60.070    Change of franchise fee and other franchise terms.
6.60.080    Franchise fee payment in lieu of other fees.
6.60.090    Contract obligation.

IV
Supply, Construction and Design
Sections:
6.60.100    Adequate supply at lowest reasonable cost.
6.60.110    Restoration of service.
6.60.120    Obligations regarding company facilities.
6.60.130    Excavation and construction.
6.60.140    Relocation of company facilities.
6.60.150    Service to new areas.
6.60.160    City not required to advance funds.



24
     Legal Analysis: Code 1993, ch. 6.60. Public service company franchise. Deleted. This is a
         franchise to a specific company and as such is not of a general and permanent nature.
                                                                              Page 84 of 144


6.60.170      Technological improvements and energy conservation and efficiency.

V
Compliance
Sections:
6.60.180      City regulation.
6.60.190      Compliance with city requirements.
6.60.200      Supervision.
6.60.210      City review of construction design.
6.60.220      Installation and maintenance of company facilities.
6.60.230      Compliance with PUC regulations.
6.60.240      Compliance with air and water pollution laws.
6.60.250      Inspection.
6.60.260      Bills.

VI
Reports to City
Sections:
6.60.270     Reports on company operations.
6.60.280     Copies of tariffs and PUC filings.

VII
Annexation to the City
Sections:
6.60.290    Annexation to the city.

VIII
Indemnification of the City
Sections:
6.60.300     City held harmless.
6.60.310     Payment of expenses incurred by city in relation to ordinance.
6.60.320     Financial responsibility.

IX
Transfer of Franchise
Sections:
6.60.330     Consent of city required.
6.60.340     Transfer fee.

X
Purchase or   Condemnation
Sections:
6.60.350      City‟s right to purchase or condemn.
6.60.360      Negotiated purchase price or condemnation award.
6.60.370      Continued cooperation by company.
6.60.380      Right of first purchase.

XI
Removal of Company Facilities at End of Franchise
Sections:
                                                                           Page 85 of 144


6.60.390      Limitations on company removal.

XII
Transportation of Gas
Sections:
6.60.400     Transportation of gas for city use.
6.60.410     City fleet refueling station and fleet conversion.

XIII
Force Majeure and Failure to Perform
Sections:
6.60.420    Force majeure.
6.60.430    Failure to perform.
6.60.440    Judicial review.
6.60.450    Other legal remedies.
6.60.460    Continued obligations.
6.60.470    No waiver.

XIV
Changing Conditions
Sections:
6.60.480   Changing conditions.

XV
Amendments
Sections:
6.60.490  Amendments to franchise.

XVI
Miscellaneous
Sections:
6.60.500    Governmental immunity.
6.60.510    Successors and assigns.
6.60.520    Third parties.
6.60.530    Representatives.
6.60.540    Severability.
6.60.550    Entire agreement.

XVII
Approval
Sections:
6.60.560      Council approval.
6.60.570      Company approval.
6.60.580      Voter approval.

*     Prior history: Code 1981, Sections 2-18-1 through 2-18-17 as amended by Ord. No.
1250.

I
Definitions
                                                                                  Page 86 of 144



6.60.010        Definitions.
        For the purpose of this franchise, the following words and phrases shall have the
meaning 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. The word “shall” is
mandatory and “may” is permissive. Words not defined in this article shall be given their
common and ordinary meaning.
        “City” means the municipal corporation designated as the city of Longmont, Boulder
County, Colorado and includes the territory as currently is or may in the future be
included within the boundaries of the city of Longmont.
        “Company” means Public Service Company of Colorado, and its successors and
assigns, but does not include its affiliates, subsidiaries or any other entity in which it has
an ownership interest.
        “Council” or “city council” means the legislative body of the city.
        “Distribution facilities” means only that portion of the company‟s gas system which
delivers gas from the down side of the regulator station to the point-of-delivery of the
customer, including all devices connected to that system.
        “Facilities” means all facilities reasonably necessary to provide gas into, within and
through the city and includes plants, works, systems, lines, equipment, pipes, mains, gas
compressors and meters.
        “Gas” or “natural gas” means such gaseous fuels as natural, artificial, synthetic,
liquefied natural, liquefied petroleum, manufactured, or any mixture thereof.
        “Public easements” means public and dedicated easements created and available
for use by investor-owned, or other public utilities for their facilities.
        “Public Utilities Commission” or “PUC” means the Public Utilities Commission of the
state of Colorado or other authority succeeding to the regulatory powers of the Public
Utilities Commission.
        “Residents” means and includes all persons, businesses, industries, governmental
agencies, and any other entity whatsoever, presently located or to be hereinafter located,
in whole or in part, within the territorial boundaries of the city.
        “Revenues” means those amounts of money which the company receives from its
customers from within the city from the sale of gas under rates authorized by the Public
Utilities Commission as well as from the transportation of gas to its customers within the
city and represents amounts billed under such rates as adjusted for refunds, the net
write-off of uncollectible accounts, corrections or other regulatory adjustments.
        “Streets and other public places” means streets, alleys, viaducts, bridges, roads,
lanes and other public places in the city.
(Code 1993, § 6.60.010; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, art. 1)

II
Grant of Franchise

6.60.020      Franchise granted.
       The city of Longmont grants to Public Service Company, for the period specified and
subject to the conditions, terms and provisions contained in this franchise, a nonexclusive
right to transport, furnish, sell and distribute gas to the city and to all residents of the
city. Subject to the conditions, terms and provisions contained in this franchise, the city
also grants to the company a nonexclusive right to acquire, construct, install, locate,
                                                                                 Page 87 of 144


maintain, operate and extend into, within the city all facilities reasonably necessary to
transport, furnish, sell and distribute gas within and through the city and a nonexclusive
right to make reasonable use of the streets and other public places and public easements
as may be necessary to carry out the terms of this franchise. These rights shall extend to
all areas of the city as it is now constituted and to additional areas as the city may
increase in size by annexation or otherwise.
(Code 1993, § 6.60.020; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 2.1)

6.60.030      Limitations and exclusions.
       A.     The right to use and/or occupy the public streets, alleys, viaducts, bridges,
roads and public places for the purposes set forth in this chapter is not, and shall not be
deemed to be, an exclusive franchise, and the city reserves the right to itself to make or
grant a similar use of public streets and other public places to any other person, firm or
corporation.
       B.     This franchise does not grant the company the right, privilege or authority to
use or occupy any parks or park land of the city currently designated or as in the future
may be so designated except to the extent that company is currently using or occupying
such parks or park land and as otherwise authorized in writing by the city. Company shall
not expand its use or occupancy of such parks or park land except by specific written
authorization of city; provided, however, that nothing contained in this chapter shall limit
or restrict company‟s right to maintain, renovate, repair or replace any such facilities
currently occupying such parks or park land.
       C.     The city retains the following rights in regard to this franchise:
       1.     Except as otherwise specifically provided in this chapter, to use, control and
regulate, through the exercise of its police power, the use of streets and other public
places and public easements and the space above and beneath them.
       2.     To impose such other regulations as may be determined by the city council to
be necessary in the exercise of its police power to protect the health, safety and welfare
of the public. Nothing contained in this chapter shall limit or restrict the company‟s right
to challenge the validity of any such regulations.
(Code 1993, § 6.60.030; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 2.2)

6.60.040      Franchise term.
       This franchise shall take effect on November 3, 1993. The term of this franchise
shall be for twenty years, beginning with such effective date of this franchise and expiring
on November 2, 2013.
(Code 1993, § 6.60.040; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 2.3)

III
Franchise Fee

6.60.050     Franchise fee designated.
      In consideration for the grant of this franchise, the company shall pay the city a
sum equal to three percent of all revenues received from the sale and transportation of
gas within the city, excluding revenues received from the city for the sale of gas or
transportation of gas to the city.
(Code 1993, § 6.60.050; approved by voters at November 2, 1993 election; Ord. No. O-
                                                                                  Page 88 of 144


93-49, § 3.1)

6.60.060      Payment schedule.
        A.    For the franchise fee owed on revenues received after the effective date of
this franchise, payment shall be made in monthly installments not more than thirty days
following the close of the month for which payment is to be made. Initial and final
payments shall be prorated for the portions of the months at the beginning and end of the
term of the ordinance codified in this chapter. All payments shall be made to the city
finance director. The city finance director, or other authorized representatives, shall have
access to the books of the company for the purpose of auditing or checking to ascertain
that the franchise fee has been correctly computed and paid.
        B.    Except as otherwise provided in this chapter, in the event that the company
overpays the franchise fee in an amount less than or equal to five thousand dollars, credit
for the overpayment shall be taken by the company against the next franchise fee
payment. If the company overpays the franchise fee in an amount greater than five
thousand dollars but less than twenty-five thousand dollars, the city shall be allowed up to
three years within which to refund the overpayment. If the overpayment is in an amount
greater than twenty-five thousand dollars, the city shall be allowed up to five years within
which to refund any such overpayment. All refunds shall take the form of a credit against
the amounts otherwise owing by the company to the city as franchise fees. In no event
shall the city be required to refund any overpayment made as a result of a company error
which occurred more than three years prior to the discovery of the company error. Upon
discovery by the company of any such error by the company, the company shall promptly
notify the city.
        C.    In the event an error by the company results in an underpayment of the
franchise fee to the city, the full amount of such underpayment shall be paid to the city
within thirty days after discovery of the error.
(Code 1993, § 6.60.060; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 3.2)

6.60.070      Change of franchise fee and other franchise terms.
       A.     Once during each calendar year of the franchise term the city council, upon
giving thirty days‟ notice to the company of its intention so to do, may review and change
the consideration the city may be entitled to receive as a part of the franchise; provided,
however, the council may only change the consideration to be received by the city under
the terms of this franchise to the equivalent to that which the company may pay (or
obligate itself to provide the benefit of) to any city or town in the state of Colorado in any
other franchise under which the company supplies gas service.
       B.     The company shall report to the city within sixty days the execution of a
subsequent franchise or of any change of franchise in any other municipality that could
have a financial impact on the consideration to be paid by the company to the city
hereunder. If the city council decides the consideration shall be so changed, it shall
provide for such change by ordinance; provided, however, that any change in the
franchise fee is then allowed to be surcharged by the company; and provided, further,
that the consideration is not higher than the highest consideration paid by the company to
any municipality within the state of Colorado. For purposes of this section, “consideration”
means the franchise fee established in Section 6.60.050, and also includes any other
provision which is of similar significant financial benefit to the city.
(Code 1993, § 6.60.070; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 3.3)
                                                                                    Page 89 of 144



6.60.080      Franchise fee payment in lieu of other fees.
       Payment of the franchise fee by the company is accepted by the city in lieu of any
occupancy tax, or occupational license, fee, tax, permit, or charge, or similar tax on the
privilege of doing business, but does not exempt the company from any other lawful
taxation.
(Code 1993, § 6.60.080; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 3.4)

6.60.090       Contract obligation.
        This franchise constitutes a valid and binding contract between the company and
the city. In the event that the franchise fee specified in this chapter is declared illegal,
unconstitutional or void for any reason by any court or other proper authority, the
company shall be contractually bound to pay the city, on the same schedule as provided
in this chapter for the franchise fee, an aggregate amount equal to the amount which
would have been paid as a franchise fee. In the alternative, if the franchise fee is so
declared invalid, the city shall have the right to impose occupation or license fees and
permit charges reasonably equivalent on an annual basis to such franchise fee. If the
company fails to fulfill any substantial obligation under this franchise, the city will have a
breach of contract claim against the company, in addition to any other remedy provided
by law or by this franchise.
(Code 1993, § 6.60.090; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 3.5)

IV
Supply, Construction and Design

6.60.100       Adequate supply at lowest reasonable cost.
        The company shall take all reasonable and necessary steps to provide an adequate
supply of gas to its customers at the lowest reasonable cost consistent with long-term
reliable supply. If the supply of gas to its customers should be interrupted, the company
shall take all necessary and reasonable actions to restore such supply at the earliest
practicable time. Should gas be made available to the company, from whatever source,
including any agency or instrumentality of the United States of America, at less total cost
than the total cost which would be incurred by the company to supply such gas from its
own systems and under circumstances which will not adversely affect the company or its
operations, the company will attempt to purchase such lower cost gas and to pass on to
its customers any savings resulting from the purchase. The company shall provide to the
city a telephone number which is not available to the general public whereby the city will
be able to obtain status reports from the company on a twenty-four-hour basis concerning
interruptions of the supply of gas in any portion of the city.
(Code 1993, § 6.60.100; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 4.1)

6.60.110      Restoration of service.
       In the event the company‟s gas system, or any part thereof, is partially or wholly
destroyed or incapacitated, the company shall use due diligence to restore its system to
satisfactory service within the shortest practicable time.
(Code 1993, § 6.60.110; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 4.2)
                                                                                   Page 90 of 144



6.60.120        Obligations regarding company facilities.
         The company shall install, maintain, repair, renovate, relocate and replace its
facilities with due diligence in a good and workmanlike manner and the company‟s
facilities will be of sufficient quality and durability to provide adequate and efficient gas
service to the city and its residents. Company facilities shall not interfere with the city‟s
water mains, sewer mains or other municipal use of streets and other public places and
public easements, including all city-owned utilities. Company facilities shall be installed in
streets and other public places and in public easements so as to cause a minimal amount
of interference with such property.
(Code 1993, § 6.60.120; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 4.3)

6.60.130      Excavation and construction.
       All construction, excavation, maintenance and repair work done by the company
shall be done in a timely and expeditious manner which minimizes the inconvenience to
the public and individuals. All such construction, excavation, maintenance and repair work
done by the company shall comply with all applicable codes of the city and the company
shall be responsible for obtaining all applicable permits and shall only pay the reasonable
city costs of administration associated therewith. All public and private property disturbed
by company construction, maintenance, repair or excavation activities caused as a result
of work within the streets and other public places and public easements shall be promptly
restored by the company at its expense to substantially its former condition. The company
shall not be required to restore such disturbed property to substantially its former
condition when that former condition violates any restrictions in public easements. All
restoration work under this section shall be subject to inspection by the official city
representative and compliance by the company with reasonable remedial action required
by such official pursuant to the inspection. The company shall comply with the city‟s
requests for reasonable and prompt action to remedy all damage to public and private
property caused as a result of the company‟s construction, excavation, maintenance and
repair work within the streets and other public places and public easements. All such
remedial work shall be performed at the company‟s expense. If the company fails to
perform its restoration and remediation to public property to substantially its former
condition within sixty days after notice by the city, or such larger time period as may be
mutually agreed to by the parties (agreement to which by the city shall not be
unreasonably withheld), the city shall have the right to perform such restoration and
remediation at company‟s expense. The company shall reimburse the city within sixty
days of billing for such work. The company shall use its best efforts to expedite any work
required to be performed as a result of a city project.
(Code 1993, § 6.60.130; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 4.4)

6.60.140      Relocation of company facilities.
       If at any time the city requests the company to relocate any facility installed or
maintained in streets and other public places or public easements, pursuant to this
franchise or previous franchises, in order to permit the city to make any public use of
streets and other public places or public easements, to construct any public improvement
or to build any public project, such relocation shall be made by the company at its
expense and shall be completed within a reasonable time not to exceed ninety days from
the date on which the city requests that such relocation work commence; provided
                                                                                  Page 91 of 144


however, that such time period may be enlarged with the approval of the city, which
approval shall not be unreasonably withheld. The company shall, in any event, be granted
an extension of time for completion of the relocation equivalent to any delay caused by
conditions not under its control. Following relocation of company facilities, all property
disturbed by such relocation shall be restored to substantially its former condition by the
company at its expense. Except where required to serve the city as a customer, nothing
herein contained shall be construed to impose any obligation upon the city to make any
payment for any relocation of company‟s facilities whether located within, or without, such
designated areas. Nothing contained in this chapter shall be construed to require
relocation of company‟s facilities within private easements or other privately held property
rights of the company.
(Code 1993, § 6.60.140; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 4.5)

6.60.150      Service to new areas.
       If the boundaries of the city are expanded during the term of this franchise, the
company shall extend service to residents and other city lands in the expanded area at
the earliest practicable time and in accordance with the company‟s extension policy. New
service to the expanded area shall be in accordance with the terms of this franchise
agreement, including payment of franchise fees.
(Code 1993, § 6.60.150; approved by voters at November 2, 1993 election;Ord. No. 0-
93-49, § 4.6)

6.60.160       City not required to advance funds.
        Upon receipt of the city‟s authorization for billing and construction, the company
shall extend its facilities to provide gas service to the city for municipal uses within the
city limits or for any major municipal facility outside the city limits, and within the
company certificated service area, without requiring the city to advance funds prior to
construction.
(Code 1993, § 6.60.160; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 4.7)

6.60.170      Technological improvements and energy conservation and efficiency.
        The company shall generally introduce and install, as soon as practicable, gas utility
technological advances in its equipment and service and energy conservation and
efficiency advances in its equipment within the city when such advances are technically
and economically feasible and are safe and beneficial to the city and its residents. Upon
request by the city, or at least every twelve months, the company shall review and
promptly report advances which have occurred in the gas utility industry and shall identify
those that have been incorporated into the company‟s operations in the city in the
previous year or will be so incorporated in the twelve following months. The company
shall give equal consideration to the city in proposing energy conservation and efficiency
programs.
(Code 1993, § 6.60.170; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 4.8)

V
Compliance

6.60.180     City regulation.
                                                                                   Page 92 of 144


       The city expressly reserves, and the company expressly recognizes, the city‟s right
and duty to adopt, from time to time, in addition to the provisions contained in this
chapter, such Charter provisions, ordinances, rules and regulations as may by the city be
deemed necessary in the exercise of its police power for the protection of the health,
safety and welfare of its citizens and their properties.
(Code 1993, § 6.60.180; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 5.1)

6.60.190      Compliance with city requirements.
       The company will comply with all city requirements regarding curb and pavement
cuts, excavating, digging and related construction activities, as well as with reasonable
direction regarding the placement of facilities. In no event shall such city direction
interfere with prudent engineering practices of the company. Company shall submit copies
of reports of annual and long-term planning for capital improvement projects with
descriptions of required street cuts, excavation, digging and related construction activities
within thirty days after issuance. Representatives of the city and the company will meet
annually to discuss annual and long-term planning for capital improvement projects
contemplated by each within the city. The company shall use its best efforts to include
within its capital improvement projects the plans of the city relating to same. The
company and the city shall exchange copies of their reports regarding annual and long-
term planning for capital improvement projects with descriptions of construction activities
including, to the extent known, the timing and method of construction and shall exchange
such copies within thirty days after issuance thereof. Except for emergencies, the city may
require that all installations be coordinated with the city‟s municipal planning and
improvement programs for public easements and streets and other public places. The city
manager or designee shall be the city‟s agent for inspection and for compliance with city
ordinances and regulations on any such projects.
(Code 1993, § 6.60.190; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 5.2)

6.60.200       Supervision.
        A.     The city manager, or official city representative, is designated the official of
the city having full power and authority to take appropriate action for and on behalf of the
city and its inhabitants to enforce the provisions of this franchise and to investigate any
alleged violations or failures of the company to comply with the provisions hereof or to
adequately and fully discharge its responsibilities and obligations hereunder. The failure or
omission of such official city representative to so act shall not constitute any waiver or
estoppel nor limit independent action by other city officials.
        B.     In order to facilitate such duties of the said official city representative, the
company agrees:
        1.     To allow the official city representative reasonable access to any part of the
company plant, works and systems, and that the city official may make and supervise
tests to determine the quality of the gas service supplied the customers of the company,
with particular reference to the standards of service provided in this chapter and in the
Rules and Regulations prescribed by, and the tariffs of the company filed with, the Public
Utilities Commission from time to time;
        2.     That the official city representative may investigate and convey to the
company and to the Public Utilities Commission any complaint of any customer of the
company within the city with respect to the quality and price of gas service and the
appropriate standards thereof;
                                                                                     Page 93 of 144


        3.     Unless otherwise requested, to submit to the official city representative
copies of all filings which the company makes with the Pubic Utilities Commission,
including, but not limited to, its annual report, all advice letters and applications, together
with supporting testimony and exhibits. In addition, irrespective of whether the city
intervenes in a proceeding before the Public Utilities Commission, the company, upon the
city‟s reasonable notice, not to exceed three business days, will provide the city access to
all nonconfidential documents provided other parties in connection with such proceeding;
        4.     To grant the official city representative reasonable access to the books and
records of the company insofar as they relate to any matters covered by this franchise; to
provide the city official with such reasonable and necessary reports containing or based on
information readily obtainable from the company‟s books and records as the city may
from time to time request with respect to the gas service supplied under this franchise;
        5.     To meet with the official city representative at least annually for the purpose
of reviewing, implementing, and/or modifying procedures and methods mutually beneficial
for the efficient processing of computerized bills rendered by the company to the city;
        6.     To meet at least annually with the official city representative to share
information useful in coordinated management, operation and repair of the facilities of the
company and the operations and property of the city.
(Code 1993, § 6.60.200; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 5.3)

6.60.210      City review of construction design.
        Except in emergency circumstances and unless otherwise requested by the city,
prior to construction of any significant gas facilities or, of a building or similar structure
within the city, the company shall furnish to the city a description of the type and
proposed location, including plans. In addition, upon request, the company shall assess
and report on the impact of its proposed construction on the city environment. Such plans
and reports may be reviewed by the city to ensure, inter alia: (1) that all applicable laws
including building and zoning codes and air and water quality and hazardous waste
regulations are complied with; (2) that aesthetic and good planning principles have been
given due consideration; and (3) that adverse impact on the environment has been
minimized. The company shall comply with all regulatory requirements of the city and
shall incorporate all other reasonable changes requested by the city.
(Code 1993, § 6.60.210; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 5.4)

6.60.220        Installation and maintenance of company facilities.
         Except for emergencies, the construction, excavation, installation, maintenance,
renovation, repair and replacement of any facilities by the company shall be subject to
permitting, inspection and approval of location by the official city representative. Such
regulation shall include, but not be limited to the following matters: location of facilities in
the streets and other public places and public easements; disturbance and reconstruction
of pavement, sidewalks and surface of streets, alleys, dedicated easements and
driveways. All company facilities shall be installed so as to cause a minimal amount of
interference with such property. Company facilities shall not interfere with any water
mains or sewer mains or city telecommunication facilities or any other municipal use of
the city‟s streets and other public places. The company shall erect and maintain its
facilities in such a way so as to minimize interference with trees and other natural
features and vegetation. The company shall keep in good working order all facilities
constructed, erected or used within the city. The company and all subcontractors shall
                                                                                 Page 94 of 144


comply with all local regulations and ordinances.
(Code 1993, § 6.60.220; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 5.5)

6.60.230       Compliance with PUC regulations.
        The company shall assure that the gas it distributes meets with the minimum
standards promulgated by the Colorado Public Utilities Commission and the company shall
keep on file with the city copies of PUC rules regulating the service of gas utilities, and
tariff provisions of the company setting minimum standards for gas service, as the same
may be amended from time to time, and the city shall have access to all records of the
company monitoring compliance with such standards. Prior to final adoption by the city of
this franchise, the company shall file with the PUC such amendments to its tariffs as may
be necessary to make its tariff provisions compatible with the provisions of this franchise
and shall report to the city any changes that have been made for this purpose.
(Code 1993, § 6.60.230; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 5.6)

6.60.240       Compliance with air and water pollution laws.
         The company shall use its best efforts to take measures which will result in its
facilities meeting the standards required by applicable city, county, federal and state air
and water quality laws and laws regulating transportation, use and handling of hazardous
materials. Upon the city‟s request, and at least every twelve months, the company will
provide the city with a status report of such measures.
(Code 1993, § 6.60.240; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 5.7)

6.60.250      Inspection.
       The city shall have the right to inspect at all reasonable times any portion of the
company‟s system used to serve the city and its residents. The city shall also have the
right to inspect and conduct an audit of company records for the purpose of determining
company compliance with this franchise, at all reasonable times. The company agrees to
cooperate with the city in conducting the inspection and audit and to correct any
discrepancies affecting the city‟s interest in a prompt and efficient manner.
(Code 1993, § 6.60.250; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 5.8)

6.60.260     Bills.
       On request by the city, the company shall provide a list of city account numbers
and items metered.
(Code 1993, § 6.60.260; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 5.9)

VI
Reports to City

6.60.270      Reports on company operations.
        The company shall submit reasonable financial and other necessary reports
containing or based on information available from the company‟s books and records as the
city may from time to time request with respect to the operations of the company under
this franchise, provided that such information can be provided at a reasonable cost. Such
                                                                                  Page 95 of 144


reports may be changed from time to time as may be mutually agreeable to the city and
the company. Initially the city requests, by May 1st of each year, the following reports:
        A.     An annual report for the prior calendar year; such report shall set forth the
return earned by the company upon operations and all components of the rate base used
for calculation of such return as is currently provided or as may in the future be provided
to the Public Utilities Commission in connection with various adjustment clause provisions.
In addition, such annual report shall include a detailed statement of the annual gas
revenues received from residents of the city and the calculation of the franchise fee due
and owing thereon; and
        B.     A list of all real property and leasehold interests in real property owned by
the company within the city, excepting public and other easements. Upon request by the
city, such list shall include the legal description and land area of each listed property and
shall be accompanied by a map showing the location of each listed property and shall
include real property and leasehold interests in real property owned by the company
within the St. Vrain Valley Planning Area, as identified by the city; and
        C.     Short term (less than three years) and long range (over three years) plans
for all capital improvements, construction and excavation within the city or affecting
service to the city and its residents; and
        D.     On an annual basis, a five-year forecast of franchise fees to be paid to the
city.
(Code 1993, § 6.60.270; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 6.1)

6.60.280      Copies of tariffs and PUC filings.
       Unless otherwise requested, the company shall file with the city all tariffs, rules,
regulations and policies filings made by the company and subject to approval by the PUC
relating to service by the company to the city and its residents, substantially concurrently
with the filing of same by the company.
(Code 1993, § 6.60.280; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 6.2)

VII
Annexation to the City

6.60.290      Annexation to the city.
       When a property owned by the company becomes eligible for voluntary annexation
to the city and is not simultaneously eligible for voluntary annexation to another municipal
corporation, the company shall petition to annex the same upon request made by the city,
provided that no condition of such annexation shall impair the company‟s ownership or
then existing use of its property and water or water rights for public utility purposes.
Except as herein provided, the company agrees to meet all terms and conditions imposed
upon the annexation by the city that are no more stringent than those imposed generally
upon property owners seeking annexation of their land to the city. The company shall be
exempted from a public donation of land, money or water rights arising from such
mandatory annexation under this Section to the extent that the portion of land requested
is committed, dedicated and being utilized by facilities involved in generating, transmitting
or distributing gas services under this chapter, and provided further that such exemption
from public donation shall not extend to any unimproved portion of land or portion of land
not so committed, dedicated and currently used.
(Code 1993, § 6.60.290; approved by voters at November 2, 1993 election; Ord. No. O-
                                                                                  Page 96 of 144


93-49, § 7.1)

VIII
Indemnification of the City

6.60.300       City held harmless.
       The company shall indemnify, defend and save the city harmless from and against
all lawsuits, liability, damages, claims, demands, judgments and losses whatsoever in
nature and reimburse the city for all its reasonable expenses, arising out of the operations
of the company within the city pursuant to this franchise (including the company‟s street
cutting operations) and the securing of and the exercise by the company of the franchise
rights granted in this chapter, including without limitation any third party claim,
administrative hearing or litigation. The city will provide prompt written notice to the
company of the pendency of any claim or action against the city arising out of the exercise
by the company of its franchise rights. The company will be permitted, at its own
expense, to appear and defend or to assist in defense of such claim. None of the city
expenses reimbursed by the company under this article shall be surcharged to customers
within the city. Nothing contained in this chapter shall obligate the company to save the
city harmless and indemnify the city to the extent any lawsuits, liability, damage, claims,
demands, judgments and losses shall have been found, by final decision of a court of
competent jurisdiction in an action where the city is a party, to have arisen out of or in
connection with any negligent act or failure to act of the city or of its officers, agents or
employees.
(Code 1993, § 6.60.300; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 8.1)

6.60.310     Payment of expenses incurred by city in relation to ordinance.
      At the city‟s option, the company shall pay in advance or reimburse the city for
expenses incurred in publication of notices and ordinances and for photocopying of
documents arising out of the negotiations or election process for obtaining the franchise.
(Code 1993, § 6.60.310; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 8.2)

6.60.320       Financial responsibility.
        At the time of the execution of this franchise, and from time to time at the city‟s
request, but not more frequently than annually, the company shall submit to the city
attorney, as a confidential document, proof of its ability to meet its obligations under this
franchise, including without limitation its ability to indemnify the city as required by this
article. This proof may take the form of insurance coverage, adequate funding of self-
insurance, or the provision of a bond. The company shall supply the city with a list of its
insurance companies with the types of coverage but not levels of insurance. Such list shall
be kept current by annual revisions as of January 1st of each year during the term of the
franchise. The city may require, from time to time, and the company agrees to provide
additional reasonable funding of the company‟s indemnification obligations as a self-
insured, if the company is acting as a self-insurer.
(Code 1993, § 6.60.320; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 8.3)

IX
Transfer of Franchise
                                                                                   Page 97 of 144



6.60.330      Consent of city required.
       The company shall not transfer or assign any rights under this franchise to a third
party excepting only corporate reorganizations of the company not involving a third party,
unless the city council shall approve by ordinance such transfer or assignment. Approval
of the transfer or assignment shall not be unreasonably withheld.
(Code 1993, § 6.60.330; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 9.1)

6.60.340      Transfer fee.
       In order that the city may share in the value this franchise adds to the company‟s
operation, any such transfer or assignment of rights under this franchise requiring the
approval of the city council shall be subject to the conditions that the transferee shall
promptly pay to the city of Longmont a pro rata share of one million dollars, which pro
rata amount of one million dollars shall be calculated by multiplying one million dollars
times a fraction of which the then population of the city of Longmont is the numerator and
the then population of the city and County of Denver is the denominator. Such transfer
fee shall not be recovered from the city or from the city residents or property owners
through gas rates of customers in the city of Longmont or by surcharge by the transferee
or the company.
(Code 1993, § 6.60.340; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 9.2)

X
Purchase or Condemnation

6.60.350      City‟s right to purchase or condemn.
       The right of the city to construct, purchase or condemn any public utility works or
distribution systems and the rights of the company in connection therewith, as provided
by the Colorado Constitution and statutes, are hereby expressly reserved.
(Code 1993, § 6.60.350; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 10.1)

6.60.360     Negotiated purchase price or condemnation award.
       Upon the exercise of the city‟s option to purchase, the parties shall negotiate in
good faith to determine a mutually acceptable purchase price. No value shall be given to
the franchise or to public rights-of-way. If the city and company cannot reach agreement
as to the purchase price or acceptable payment terms within ninety days after
commencement of negotiations, the city may commence condemnation proceedings, and
each party shall have the rights provided by law relating to condemnation; provided,
however, no award shall be made for the value of the franchise or public rights-of-way.
(Code 1993, § 6.60.360; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 10.2)

6.60.370      Continued cooperation by company.
       A.     In the event the city exercises its option to purchase or condemn, the
company agrees that it will continue to supply any service it supplies under this franchise,
in whole or in part, at the city‟s request, for the duration of the term of this franchise. The
company‟s facilities shall be available for continued service until nine months after final
order is entered in a condemnation proceeding or the effective date of a purchase
                                                                                   Page 98 of 144


agreement between the parties; provided, however, such obligation to maintain the
facilities shall not exceed a twenty-four month period after the termination of the
franchise. The company shall continue to provide service pursuant to the terms of this
franchise for said twenty-four months until the city has either purchased or condemned
the company‟s facilities or alternative arrangements have been made to supply gas to the
city and its residents, whichever date shall earlier occur. The city shall not pay for any
services no longer required.
         B.    The company shall cooperate with the city by making available then existing
pertinent company records which are not privileged to enable the city to evaluate the
feasibility of acquisition by the city of company facilities. The company shall not be
obligated to conduct studies or accrue data without reimbursement by the city, but will
make such studies if reimbursed its costs for the same. The company shall take no action
which could inhibit the city‟s ability to effectively or efficiently use the acquired systems.
At the city‟s request, the company shall supply gas for use by the city in the city-owned
system.
(Code 1993, § 6.60.370; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 10.3)

6.60.380       Right of first purchase.
        In the event the company at any time during the term of this franchise proposes to
sell or dispose of any of its real property located within the city, it shall grant to the city
the right of first purchase of same. The company shall obtain a qualified appraisal on any
such property and the city shall have sixty days from receipt of appraisal in which to
exercise the right of first purchase by giving written notice to the company. Should the
city not provide the required written notice, the company may proceed to negotiate with
others for the sale of such property provided that the company may not sell such property
for an amount less than ninety-five percent of the appraised value without first providing
the city an opportunity to purchase such property at such lesser price, in which event the
city must notify the company in writing within thirty days from receipt of notice of such
proposed sale if it wishes to purchase such property. It is understood that nothing in this
section shall preclude the company from transferring real property to a subsidiary or
affiliate without first according the city the rights referred to above, provided that if the
transferee proposes to sell or dispose of such property within one year, it shall not do so
without first affording the city the rights referred to above.
(Code 1993, § 6.60.380; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 10.4)

XI
Removal of Company Facilities at End of Franchise

6.60.390       Limitations on company removal.
       If at the time of termination of the franchise granted under this chapter no renewal
has been negotiated between the city and the company, the company shall not be
required nor shall it have a right to remove its facilities immediately from the streets and
other public places and public easements.       At the city‟s request and within a reasonable
time not to exceed nine months, the company shall remove from the streets and other
public places and public easements at the company‟s expense all facilities belonging to the
company located above the surface of the ground which are not purchased by the city at
the termination of the franchise. Further, the company, at the request of the city, shall
remove at the company‟s expense all underground facilities which are not purchased by
                                                                                 Page 99 of 144


the city within nine months after the receipt by the company of a written notice from the
official city representative that such underground facilities constitute a hazardous
condition or interfere with a municipal use of the subsurface of such streets and other
public places and public easements. All public property shall be restored by the company
to its former condition after such removal. The company need not remove any property
from streets and other public places and public easements which it shall continue to use
and maintain pursuant to contractual arrangements with the city.
(Code 1993, § 6.60.390; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 11.1)

XII
Transportation of Gas

6.60.400      Transportation of gas for city use.
       The city reserves the right to obtain or produce gas. Upon request of the city, the
company shall transport natural gas purchased by the city for use in city facilities
pursuant to separate contracts with the city. The company agrees to transport gas made
available for sale on terms and conditions comparable to other contracts entered into
contemporaneously by the company with similarly situated customers. Charges to the city
by the company for any service to transport gas shall not exceed the lowest charge for
similar or identical service provided for transportation of gas by the company to any other
similarly situated customer or consumer of the company and provided further that no
franchise fee shall be charged against the city.
(Code 1993, § 6.60.400; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 12.1)

6.60.410     City fleet refueling station and fleet conversion.
      The company shall, upon request, meet with the city to discuss the use of
compressed natural gas in city-owned vehicles and the benefits of constructing a state-of-
the-art pressurized fleet refueling station.
(Code 1993, § 6.60.410; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 12.2)

XIII
Force Majeure and Failure to Perform

6.60.420       Force majeure.
       Both the company and the city recognize there may be circumstances whereby
compliance with the provisions of this franchise is impossible or is delayed because of
circumstances beyond the company‟s control. In those instances, the company shall use
its best efforts to comply in a timely manner and to the extent possible. For the purposes
of this section, the term “force majeure” shall mean acts of God, strikes, lockouts, acts of
public enemies, wars, blockades, insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, storms, floods, washouts, civil disturbances, explosions, inability with
reasonable diligence to obtain materials, and any other causes not within the control of
the party claiming a suspension, which by the exercise of due diligence such party shall
not have been able to avoid or overcome.
(Code 1993, § 6.60.420; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 13.1)
                                                                                   Page 100 of 144


6.60.430      Failure to perform.
       If the company fails to perform any of the terms and conditions of this franchise
and such failure is within the company‟s control, the city, acting by and through its
council, may determine, after hearing, that such failure is of a material or substantial
nature. Upon receiving notice of such determination, the company shall have a reasonable
time, not to exceed six months, within which to remedy the failure to perform, unless the
parties otherwise agree in writing. If during such reasonable time corrective actions have
not been successfully taken, the city, acting by and through its council, and in the
exercise of its police power shall determine whether any or all rights and privileges
granted the company under this franchise shall be revoked. If the company fails to pay
franchise fees pursuant to Sections 6.60.050 and 6.60.060, and if such failure is not a
condition of force majeure, the city shall provide written notice of such failure to the
company. If after receiving such written notice from the city, the company fails to make
the required payment within thirty days, the city, acting by and through its council, may
determine, after hearing, that such failure constitutes a forfeiture of the rights granted in
this chapter.
(Code 1993, § 6.60.430; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 13.2)

6.60.440    Judicial review.
      Any such declaration of revocation shall be subject to judicial review as provided by
law.
(Code 1993, § 6.60.440; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 13.3)

6.60.450     Other legal remedies.
       Nothing contained in this chapter shall limit or restrict any legal rights that the city
or the company may possess arising from any alleged violation of this franchise.
(Code 1993, § 6.60.450; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 13.4)

6.60.460      Continued obligations.
       Upon revocation, the company shall continue to provide service to the city and its
residents in accordance with the terms of this chapter until the city makes alternative
arrangements for such service. If the company fails to provide continued service, it shall
be liable for damages to the city. The city shall have standing to enforce all provisions of
this section.
(Code 1993, § 6.60.460; approved by voters at November 2, 1993 election; Ord. No. O-
93-49 § 13.5)

6.60.470    No waiver.
      Neither the city nor the company shall be excused from complying with any of the
terms and conditions of this franchise by any failure of the other, or any of its officers,
employees, or agents, upon any one or more occasions to insist upon or to seek
compliance with any such terms and conditions.
(Code 1993, § 6.60.470; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 13.6)

XIV
Changing Conditions
                                                                                 Page 101 of 144



6.60.480      Changing conditions.
       The company and the city recognize that many aspects of the gas utility business
are currently the subject of discussion, examination and the inquiry by different segments
of the industries and affected regulatory authorities and that these activities may
ultimately result in fundamental changes in the way the company conducts its business
and meets its service obligations. In recognition of the present state of uncertainty
respecting these matters, the company and the city each agree, on request of the other
during the term of this franchise, to meet with the other and discuss in good faith whether
it would be appropriate, in view of developments of the kind referred to above during the
term of this franchise, to amend this franchise or enter into separate, mutually
satisfactory arrangements to effect a proper accommodation of any such developments.
(Code 1993, § 6.60.480; approved by voters at November 2, 1993 election; Ord. No. O-
93-49 § 14.1)

XV
Amendments

6.60.490      Amendments to franchise.
        At any time during the term of this franchise, the city, through its city council, or
the company may propose amendments to this franchise by giving thirty days‟ written
notice to the other of the proposed amendment(s) desired and both parties thereafter,
through their designated representatives, will negotiate within a reasonable time in good
faith in an effort to agree on mutually satisfactory amendment(s). The word “amendment”
as used in this section does not include a change authorized in Section 6.60.070.
(Code 1993, § 6.60.490; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 15.1)

XVI
Miscellaneous

6.60.500      Governmental immunity.
       Nothing contained in this franchise shall be construed to change the rights of the
parties, if any, as set forth in CRS Section 24-10-101, et seq., as the same may be
amended from time to time.
(Code 1993, § 6.60.500; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 16.1)

6.60.510     Successors and assigns.
      The rights, privileges, franchises and obligations granted and contained in this
chapter shall inure to the benefit of and be binding upon Public Service company, its
successors and assigns.
(Code 1993, § 6.60.510; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 16.2)

6.60.520     Third parties.
       Nothing contained in this franchise shall be construed to provide rights of third
parties.
(Code 1993, § 6.60.520; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 16.3)
                                                                               Page 102 of 144



6.60.530      Representatives.
        Both parties shall designate from time to time in writing representatives for the
company and the city who will be the persons to whom notices shall be sent regarding any
action to be taken under this franchise. Notice shall be in writing and forwarded by
certified mail or hand delivery to the persons and addresses as hereinafter stated, unless
the persons and addresses are changed at the written request of either party, delivered in
person or by certified mail. Until any such change shall hereafter be made, notices shall
be sent to the city and to the company‟s Boulder Manager. Currently the addresses are as
follows:
        For the city:

      Mayor, City of Longmont
      350 Kimbark Street
      Longmont, Colorado 80501

      For the company:

      Division Manager
      Boulder Service Center
      2655 N. 63rd Street
      Boulder, Colorado 80301
(Code 1993, § 6.60.530; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 16.4)


6.60.540      Severability.
       Should any one or more provisions of this franchise be determined to be illegal or
unenforceable, all other provisions nevertheless shall remain effective; provided, however,
the parties shall forthwith enter into good faith negotiations and proceed with due
diligence to draft a term that will achieve the original intent of the parties hereunder.
(Code 1993, § 6.60.540; approved by voters at November 2, 1993 election; Ord. No. O-
93-49 § 16.5)

6.60.550     Entire agreement.
      This franchise constitutes the entire agreement of the parties. There have been no
representations made other than those contained in this franchise.
(Code 1993, § 6.60.550; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 16.6)

XVII
Approval

6.60.560      Council approval.
      This grant of franchise shall not become effective unless approved by a majority
vote of the city council.
(Code 1993, § 6.60.560; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 17.1)

6.60.570     Company approval.
                                                                                  Page 103 of 144


        The company shall file with the city clerk its written acceptance of this franchise
and of all of its terms and provisions within ten days after the adoption of this franchise
by the city council. The acceptance shall be in form and content approved by the city
attorney. If the company shall fail to timely file its written acceptance as herein provided,
this franchise shall be and become null and void.
(Code 1993, § 6.60.570; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 17.2)

6.60.580     Voter approval.
      A.     This grant of franchise shall not become effective unless approved by a
majority vote of the qualified electors of the city voting thereon at a regular election to be
held on November 2, 1993.
      B.     The ballot title at such regular election shall read as follows:

      SHALL THE CITY OF LONGMONT GRANT A FRANCHISE TO PUBLIC SERVICE
COMPANY OF COLORADO, BY ORDINANCE NO. 0-93-49, GRANTING PUBLIC SERVICE
COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS, FOR THE RIGHT TO
FURNISH, SELL AND DISTRIBUTE GAS TO THE CITY AND TO ALL PERSONS, BUSINESSES,
AND INDUSTRY WITHIN THE CITY AND THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL,
LOCATE, MAINTAIN AND OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID CITY
ALL FACILITIES REASONABLY NECESSARY TO SELL AND DISTRIBUTE GAS WITHIN THE
CITY AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC
PLACES AND PUBLIC EASEMENTS AS HEREIN DEFINED AS MAY BE NECESSARY; AND
FIXING THE TERMS AND CONDITIONS THEREOF.

      FOR THE MEASURE
      _________________________
      AGAINST THE MEASURE
      _________________________
(Code 1993, § 6.60.580; approved by voters at November 2, 1993 election; Ord. No. O-
93-49, § 17.3)



Chapter 6.65
SEXUALLY ORIENTED BUSINESS REGULATION

Sections:
6.65.010    Findings and purpose
6.65.020    Definitions.
6.65.030    Classification.
6.65.040    License required.
6.65.050    Issuance of license.
6.65.060    Review by other departments.
6.65.070    Fees.
6.65.080    Inspection.
6.65.090    Expiration of license.
6.65.100    Suspension.
6.65.110    Revocation.
6.65.6.65.120      Hearing--License denial, suspension, revocation--Appeal.
                                                                                 Page 104 of 144


6.65.130    Transfer of license.
6.65.140    Location of sexually oriented businesses.
6.65.150    Nonconforming uses.
6.65.160    Regulations pertaining to exhibition of sexually explicit films, videos or live
entertainment in viewing rooms.
6.65.170    Stage required in adult cabaret and adult theater.
6.65.180    Conduct in sexually oriented businesses.
6.65.190    Prohibition against children in a sexually oriented business.
6.65.200    Hours of operation.
6.65.210    Employee tips.
6.65.220    Sanctions.

6.65.010       Findings and purpose
        A.     Based on evidence concerning the adverse secondary effects of adult uses on
the community presented in hearings and in reports made available to the council, and on
findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S.
41(1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); FW/PBS, Inc. v. City of
Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of
Erie v. Pap‟s A.M, 120 S. Ct. 1382 (2000); Marco Lounge, Inc. v. City of Federal Heights,
625 P.2d 982, (Colo.1981); 7250 Corp. v. Board of County Commissioners for Adams
County, 799 P.2d 917 (Colo. 1990); City of Colorado Springs v. 2354 Inc., 896 P.2d 272
(Colo. 1995); O‟Connor v. City and County of Denver, 894 F.2d 1210 (10th Cir.1990); and
Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); and on studies in
other communities, including, but not limited to: Adams County, Colorado; Amarillo,
Texas; Aurora, Colorado; Austin, Texas; Beaumont, Texas; Bellevue, Washington;
Chicago, Illinois; Dallas, Texas; Denver, Colorado; Garden Grove, California;
ERG/Environmental Research Group - Report to: The American Center for Law and;
Justice on the Secondary Impacts of Sex Oriented Businesses, Philadelphia 1996;
Houston, Texas; Indianapolis, Indiana; Los Angeles, California, Manatee County, Florida,
Minneapolis, Minnesota; Minnesota Attorney General‟s Working Group on the Regulation of
Sexually Oriented Businesses (June 6, 1989, State of Minnesota); New York, New York;
Newport News, Virginia; Oklahoma City, Oklahoma; Phoenix, Arizona; Seattle,
Washington; St. Croix County, Wisconsin; St. Paul, Minnesota; Tucson, Arizona; and
Whittier, California, the Longmont city council finds:
        1.     Sexually oriented businesses require special supervision from the public
safety agencies of the city to protect and preserve the health, safety, morals and welfare
of the patrons of such businesses, as well as the citizens of the city;
        2.     Sexually oriented businesses are frequently used for unlawful sexual
activities, including prostitution, and for promiscuous, high-risk sexual liaisons;
        3.     The potential for sexually transmitted diseases is a legitimate health concern
of the city that demands reasonable regulation of sexually oriented businesses to protect
the health and well being of the citizens;
        4.     Licensing is a legitimate and reasonable means of accountability to ensure
that operators of sexually oriented businesses comply with reasonable regulations and to
ensure that operators cannot allow their establishments to be used as places of illegal
sexual activity or solicitation;
        5.     There is convincing documented evidence that sexually oriented businesses,
because of their very nature, have a deleterious effect on both existing businesses around
them and surrounding residential areas, causing increased crime and downgrading
property values;
                                                                                    Page 105 of 144


         6.    It is recognized that sexually oriented businesses, due to their nature, have
serious objectionable operational characteristics, particularly when located close to each
other, thereby contributing to urban blight and downgrading the quality of life in adjacent
areas;
         7.    The city council desires to minimize and control these adverse effects and
thereby protect the health, safety, and welfare of the citizenry; protect the citizens from
increased crime; preserve the quality of life; preserve the property values and character
of surrounding neighborhoods, and deter the spread of urban blight;
         8.    Location criteria alone do not adequately protect the health, safety, and
general welfare of the people of this city;
         9.    It is not the intent of the ordinance codified in this chapter to suppress any
speech protected by the First Amendment, but to enact a content-neutral ordinance that
addresses the secondary effects of sexually oriented businesses;
         10.   It is not the intent of the city council to condone or legitimize the distribution
of obscene material, and the council recognizes that state and federal law prohibits the
distribution of obscene materials, and expects and encourages state law enforcement
officials to enforce state obscenity statutes against any such illegal activities in the city;
         11.   Sexually oriented businesses lend themselves to ancillary unlawful and
unhealthy activities that are often uncontrolled by the operators of the establishments.
Further, there is presently no mechanism to hold the owners of the establishments
responsible for the activities that occur on their premises;
         12.   Some employees of certain sexually oriented businesses, defined in this
chapter as adult theaters and adult cabarets, engage in higher incidence of certain types
of illicit sexual behavior than employees of other establishments;
         13.   Sexual acts, including masturbation, and oral and anal sex, occur at sexually
oriented businesses, especially those that provide private or semi-private booths or
cubicles for viewing films, videos, or live sex shows;
         14.   Offering and providing such space encourages such activities, which creates
unhealthy conditions;
         15.   Some people frequent certain adult theaters, adult arcades and other
sexually oriented businesses to engage in sex within the premises of such sexually
oriented businesses;
         16.   At least fifty communicable diseases may be spread by activities occurring in
sexually oriented businesses; including, but not limited to, syphilis, gonorrhea, human
immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B
amebiasis, salmonella infections and shigella infections;
         17.   Sanitary conditions in some sexually oriented businesses can become
unhealthy, in part, because the activities conducted there are unhealthy and, in part,
because of the unregulated nature of the activities and the failure of the owners and the
operators of the facilities to self-regulate those activities and maintain those facilities;
         18.   Numerous studies and reports have determined that semen is found in the
areas of sexually oriented businesses where people view “adult” oriented films;
         19.   The findings noted above raise substantial governmental concerns;
         20.   Sexually oriented businesses have operational characteristics that the council
should reasonably regulate to protect those substantial governmental concerns;
         21.   A reasonable licensing procedure is an appropriate mechanism to place the
burden of that reasonable regulation on the owners and the operators of the sexually
oriented businesses. Further, such a licensing procedure will place an incentive on
operators to see that sexually oriented businesses are run in a manner consistent with the
health, safety, and welfare of patrons and employees, as well as the citizens of the city. It
                                                                                   Page 106 of 144


is appropriate to require reasonable assurances that the licensee is the actual operator of
the sexually oriented business, fully in possession and control of the premises and
activities occurring therein;
        22.    Removal of doors on adult booths and requiring sufficient lighting on
premises with adult booths advances a substantial governmental interest in curbing the
illegal and unsanitary sexual activity that is likely in adult theaters;
        23.    Requiring licensees of sexually oriented businesses to keep information
regarding current employees and certain past employees will help reduce the incidence of
certain types of criminal behavior by facilitating the identification of potential witnesses
and suspects and by preventing minors from working in such establishments;
        24.    The disclosure of certain information by those persons ultimately responsible
for the day-to-day operation and maintenance of sexually oriented businesses is
substantially related to the significant governmental interest in the operation of such uses
and will aid in preventing the spread of sexually transmitted diseases;
        25.    In the prevention of the spread of communicable diseases, it is desirable to
obtain a limited amount of information regarding certain employees who may engage in
the conduct this chapter is designed to prevent, or who are likely to be witnesses to such
conduct;
        26.    The fact that an applicant for an adult use license has been convicted of a
sexually related crime leads to the rational assumption that the applicant may engage in
that conduct in violation of this chapter;
        27.    Barring of such individuals from the management of adult uses for a period
of years serves as a deterrent to, and prevents conduct that leads to, the transmission of
sexually transmitted diseases; and
        28.    Enactment of this chapter will promote the general welfare, health, morals
and safety of the citizens of the city.
        B.     It is the purpose of this chapter to regulate sexually oriented businesses to
promote the health, safety, morals, and general welfare of the citizens of the city, and to
establish reasonable and uniform regulations to prevent the deleterious location and
concentration of sexually oriented businesses within the city. The provisions of this
chapter have neither the purpose nor effect of imposing a limitation or restriction on the
content of any communicative materials, including sexually oriented materials. Similarly,
it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually
oriented materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to their intended market.
Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of
obscene material.
(Code 1993, § 6.65.010; Ord. No. O-2001-49, § 1 (part))

6.65.020     Definitions.
       As used in this chapter, the following words, terms and phrases have the following
meanings:
       A.    “Adult arcade” means any place to which the public is permitted or invited,
wherein coin-operated, token-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors, or other image-
producing devices are regularly maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished or
characterized by their emphasis upon matters exhibiting “specified sexual activities” or
“specified anatomical areas.”
       B.    “Adult bookstore,” “adult novelty store” or “adult video store” means a
                                                                                  Page 107 of 144


commercial establishment that has as a significant or substantial portion of its stock-in-
trade, or derives a significant or substantial portion of its revenues or devotes a significant
or substantial portion of its interior business or advertising, or maintains a substantial
section of its sales or display space for the sale or rental, for any form of consideration, of
any one or more of the following:
        1.     Books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, videocassettes, compact discs, slides, or other visual representations,
characterized by their emphasis upon the exhibition or display of “specified sexual
activities” or “specified anatomical areas”; and
        2.     Instruments, devices or paraphernalia designed for use or marketed primarily
for stimulation of human genital organs or for sadomasochistic use or abuse of the user or
others.
        C.     “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial
establishment that regularly features:
        1.     Persons who appear in nude or semi-nude; or
        2.     Live performances characterized by the exposure of specified anatomical
areas; or
        3.     Films, motion pictures, videocassettes, slides or other photographic
reproductions characterized by the exhibition or display of “specified sexual activities” or
“specified anatomical areas.”
        D.     “Adult motel” means a hotel, motel, or similar commercial establishment,
that:
        1.     Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures, videocassettes,
slides, or other photographic reproductions characterized by the exhibition or display of
“specified sexual activities” or “specified anatomical areas”; and has a sign visible from
the public right-of-way that advertises the availability of this type of photographic
reproductions; and either
        2.     Offers a sleeping room for rent for less than ten hours; or
        3.     Allows a tenant or occupant of a sleeping room to sublease or sublet the
room for less than ten hours.
        E.     “Adult motion picture theater” means a commercial establishment where, for
any form of consideration, films, motion pictures, videocassettes, slides, or similar
photographic reproductions are regularly shown that are characterized by the depiction or
description of “specified sexual activities” or “specified anatomical areas.”
        F.     “Adult theater” means a theater, concert hall, auditorium or similar
commercial establishment that regularly features persons who appear nude or semi-nude,
or live performances characterized by the exposure of “specified anatomical areas.”
        G.     “Controlling interest” means a twenty percent or greater interest.
        H.     “Convicted” or “conviction” means a conviction by a jury or by a court and
shall also include a deferred judgment and sentence agreement, a deferred prosecution
agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or
nolo contendere. A pending appeal from a conviction shall not prevent its consideration
under this chapter unless and until reversal or vacation of the conviction.
        I.     “Distinguished or characterized by an emphasis upon” means the dominant
or principal theme of the object referenced. For instance, when the phrase refers to films
“distinguished or characterized by an emphasis upon the exhibition or display of specified
sexual activities or specified anatomical areas,” the films so described are those whose
dominant or principal character and theme are the exhibition or display of “specified
anatomical areas” or “specified sexual activities.”
                                                                                 Page 108 of 144


         J.    “Employee,” “employ” and “employment” describe and pertain to any person
who performs any service, with or without compensation, on the premises of a sexually
oriented business on a full-time, part-time or contract basis, regardless of whether the
person is designated as an employee, independent contractor, agent, volunteer or by
another status. “Employee” does not include a person exclusively on the premises for
repair or maintenance of the premises, or for delivering or removing tangible property to
or from the premises.
         K.    “Establish” or “establishment” means and includes any of the following:
         1.    The opening or commencement of any sexually oriented business as a new
business;
         2.    The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
         3.    The addition of any sexually oriented business to any other existing sexually
oriented business; or
         4.    The relocation of any sexually oriented business.
         L.    “Licensee” means a person in whose name a license to operate a sexually
oriented business is issued, as well as every individual listed as an applicant on the license
application; and in the case of an employee, a person in whose name a license is issued,
authorizing employment in a sexually oriented business.
         M.    “Nude,” “nudity” or a “state of nudity” means the showing of the human male
or female genitals, pubic area, vulva, anus or anal cleft with less than a fully opaque
covering, the showing of the female breast with less than a fully opaque covering of any
part of the nipple, or the showing of the covered male genitals in a discernibly turgid
state.
         N.    “Operate” or “cause to be operated” means to cause to function or to put or
keep in a state of doing business. “Operator” means any person on the premises of a
sexually oriented business who is authorized to exercise operational control of the
business, or who causes to function or who puts or keeps in operation, the business. A
person may be found to be operating or causing to be operated a sexually oriented
business regardless of whether that person is an owner, part owner, or licensee of the
business.
         O.    “Person” means an individual, proprietorship, partnership, corporation,
association or other legal entity.
         P.    “Regularly features” or “regularly shown” means a consistent or substantial
course of conduct, such that the films or performances exhibited constitute a substantial
portion of the films or performances offered as a part of the ongoing business of the
sexually oriented business.
         Q.    “School” means a public or private educational facility, including, but not
limited to, a child day care facility, nursery school, preschool, kindergarten, elementary
school, private school, intermediate school, junior high school, middle school, high school,
vocational school, secondary school, continuation school, special education school, junior
college and a university. “School” includes the school grounds, but does not include
facilities used primarily for another purpose and only incidentally as a school.
         R.    “Semi-nude” or in a “semi-nude condition” means the showing of the female
breast below a horizontal line across the top of the areola at its highest point or the
showing of the male or female buttocks. This definition shall include the entire lower
portion of the human female breast, but shall not include any portion of the cleavage of
the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other
wearing apparel, provided the areola is not exposed in whole or in part.
         S.    “Adult model studio” means a commercial establishment that regularly
                                                                                 Page 109 of 144


features a person (or persons) appearing nude or semi-nude to be observed, sketched,
drawn, painted, sculptured or photographed by other persons who pay money or any form
of consideration, but shall not include a proprietary school licensed by the state of
Colorado or a college, junior college or university supported entirely or in part by public
taxation and a private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college or university
supported entirely or partly by taxation.
        T.     “Sexually oriented business” means an adult arcade, adult bookstore, adult
novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater,
adult theater or a adult model studio.
        U.     “Specified anatomical areas” means:
        1.     The human male genitals in a discernibly turgid state, even if completely and
opaquely covered; or
        2.     Less than completely and opaquely covered human genitals, pubic region,
buttocks or a female breast below a point immediately above the top of the areola.
        V.     “Specified criminal activity” means any of the following offenses:
        1.     Sexual crimes against children, sexual abuse, sexual assault, display of
harmful material to a minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with a child;
molestation of a child; distribution of a controlled substance; distribution of obscenity,
prostitution, promotion of prostitution or pandering; and crimes connected with a
sexually-oriented business, including, but not limited to, engaging in organized criminal
activity relating to a sexually oriented business; all under this Code or under the criminal
or penal codes of any city, county, state, country or other jurisdiction;
        2.     For which:
        a.     Less than two years have elapsed since the date of conviction or the date of
release from confinement imposed for the conviction, whichever is the later date, if the
conviction is not a felony offense;
        b.     Less than five years have elapsed since the date of conviction or the date of
release from confinement for the conviction, whichever is the later date, if the conviction
is of a felony offense; or
        c.     Less than five years have elapsed since the date of the last conviction or the
date of release from confinement for the last conviction, whichever is the later date, if the
convictions are of two or more non-felony offenses or a combination of felony and non-
felony offenses occurring within any twenty-four month period.
        W.     “Specified sexual activities” means any of the following:
        1.     The fondling of another person‟s genitals, pubic region, anus, or female
breasts;
        2.     Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, masturbation, or sodomy; or
        3.     Excretory functions as part of, or in connection with, any of the activities
stated in subsection 1 or 2, above.
        X.     “Substantial enlargement” of a sexually oriented business means the
increase in floor areas occupied by the business by more than twenty-five percent, as the
floor areas exist on the date this chapter takes effect.
        Y.     “Transfer of ownership or control” of a sexually oriented business means and
includes any of the following:
        1.     The sale, lease, or sublease of the business;
        2.     The transfer of securities constituting a controlling interest in the business,
whether by sale, exchange, or similar means; or
                                                                                  Page 110 of 144


       3.    The establishment of a trust, gift or other similar legal device that transfers
the ownership or control of the business, except for transfer by bequest or other operation
of law upon the death of the person possessing the ownership or control.
(Code 1993, § 6.65.020; Ord. No. O-2001-49, § 1 (part); Ord. No. O-2002-26, § 1)

6.65.030    Classification.
      Sexually oriented businesses have the following classifications:
      A.    Adult arcades;
      B.    Adult bookstores, adult novelty stores or adult video stores;
      C.    Adult cabarets;
      D.    Adult motels;
      E.    Adult motion picture theaters;
      F.    Adult theaters;
      G.    Adult model studios.
(Code 1993, § 6.65.030; Ord. No. O-2001-49, § 1 (part))

6.65.040      License required.
       A.     It is unlawful:
       1.     For any person to operate a sexually oriented business without a valid
sexually oriented business license issued by the city under this chapter;
       2.     For any person who operates a sexually oriented business to employ a
person to work for the sexually oriented business who is not licensed as a sexually
oriented business employee under this chapter; and
       3.     For any person to obtain or hold employment with a sexually oriented
business without having a sexually oriented business employee license under this chapter.
       B.     An applicant for a sexually oriented business license or a sexually oriented
business employee license shall file with the city clerk a completed application made on a
form prescribed and provided by the city clerk. An application is complete if it includes the
information required in this section. All applicants must be qualified according to the
provisions of this chapter. Each applicant shall verify the application, under oath. The
application shall include the information called for in subsections 1 through 8 as follows:
       1.     The classification or classifications of sexually oriented business, according to
the classifications listed in Section 6.65.030, for which the applicant seeks a sexually
oriented business or sexually oriented business employee license;
       2.     The applicant‟s full true name and any other names used in the preceding
five years;
       3.     The applicant‟s current business address and telephone number and each
individual applicant‟s current home address and telephone number.
       4.     A set of the applicant‟s fingerprints suitable for conducting necessary
background checks under this chapter and the applicant‟s social security number, for the
same purpose;
       5.     If the application is for a sexually oriented business license, the name,
business location, legal description, business mailing address and telephone number of
the proposed sexually oriented business;
       6.     Written proof age, in the form of either:
       a.     A copy of a birth certificate and current photo;
       b.     A current driver‟s license with picture.
       c.     Other picture identification document issued by a governmental agency.
       7.     The issuing jurisdiction and the effective dates of any license or permit held
by the applicant relating to a sexually oriented business, and whether any such license or
                                                                                  Page 111 of 144


permit has been denied, revoked, or suspended, and if so, the reason or reasons therefor;
and
        8.     If the application is for a sexually oriented business license, the name and
address of the statutory agent or other agent authorized to receive service of process.
        The applicant shall correct or supplement the information provided under
subsections 1 through 8, in writing, by delivering the corrected or supplemental
information, or by sending it certified mail, return receipt requested, to the city clerk
within ten working days of a change of circumstances that would render the information
originally submitted false or incomplete.
        C.     The application for a sexually oriented business license shall include the
following:
        1.     For all classifications, a sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the business. The sketch
or diagram shall also designate the place at which the permit, if granted, will be
conspicuously posted. A professionally prepared diagram in the nature of an engineer‟s or
architect‟s blueprint shall not be required; however, each sketch or diagram should be
oriented to the north or to some designated street or object and should be drawn to a
designated scale or with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accuracy of plus or minus six
inches. For all classifications except adult motel, the sketch or diagram shall specify the
location of one or more manager‟s stations and the location of all overhead lighting
fixtures and shall designate any portion of the premises in which patrons will not be
permitted. A manager‟s station may not exceed thirty-two square feet of floor area. The
city may waive the foregoing sketch or diagram for renewal applications if the applicant
adopts a sketch or diagram previously submitted and certifies that the configuration of the
premises has not been altered since its preparation;
        2.     For all classifications, a current drawing prepared within thirty days before an
initial application by a Colorado registered land surveyor depicting:
        a.     The property lines and the structures of the premises to be licensed;
        b.     The location of the property lines and structures of any land uses listed in
subsection 6.65.140(B); and
        c.     The location of the property lines and structures of any other sexually-
oriented business within one thousand feet of the premises to be licensed.
        D.     If the person who seeks to operate a sexually oriented business is an
individual, he or she shall sign the application as applicant. If the person seeking to
operate a sexually oriented business is not an individual (such as a corporation), each
officer, director, general partner, or other person who will participate directly in decisions
relating to management of the business shall sign the application for a license as the
applicant. Each applicant must be qualified under Section 6.65.050, and each applicant is
a licensee if the city clerk grants a license. The application shall be sworn to be true and
correct by the applicant.
        E.     A person who possesses a valid business license is not exempt from the
requirement of obtaining any required sexually oriented business license, and a person
who possesses a sexually oriented business license under this chapter is not exempt from
any other applicable licensing, permit or certificate requirements of this code. A person
who operates a sexually oriented business and possesses a business license shall comply
with the applicable requirements and provisions of this chapter.
        F.     The city shall maintain the information provided by an applicant in connection
with the application for a license under this chapter on a confidential basis, and may
disclose it only:
                                                                                    Page 112 of 144


       1.     To other governmental agencies in connection with law enforcement or public
safety functions, or
       2.     As may otherwise be required by law (including the Colorado Open Records
Act) or court order.
       G.     Upon its effective date, this chapter shall apply to the activities of all sexually
oriented businesses and sexually oriented business employees described in this chapter,
whether such businesses or activities were established or commenced before, on, or after
the effective date of this chapter. All sexually oriented businesses existing on the effective
date and all persons who are, on the effective date, sexually oriented business employees
of those businesses are hereby granted a de facto temporary license to continue operation
or employment for ninety days following the effective date. To continue activities requiring
sexually oriented business licenses or sexually oriented business employee licenses under
this chapter after that ninety day period, holders of the de facto temporary license must,
within that ninety day period, apply for any licenses this chapter requires and must,
thereafter, possess any such licenses (temporary or non-temporary) and otherwise
comply with this chapter. To continue activities requiring sexually oriented business
licenses after that ninety day period, holders of the de facto temporary license for sexually
oriented businesses must, within said ninety days, make any necessary changes to the
interior configurations of the regulated business premises to conform to this chapter.
(Code 1993, § 6.65.040; Ord. No. O-2001-49, § 1 (part))

6.65.050      Issuance of license.
        A.    Upon the filing of a completed application for a sexually oriented business
license or a sexually oriented business employee license, the city clerk shall issue a
temporary license to the applicant, which temporary license shall expire upon the final
decision of the city clerk to deny or grant the license. Within thirty days after the receipt
of a completed application, the city clerk shall either issue a license, or issue a written
notice of intent to deny a license, to the applicant. The city clerk shall approve the
issuance of a license unless one or more of the following is true:
        1.    An applicant is less than eighteen years of age;
        2.    An applicant is delinquent in the payment to the city of: taxes, fees, fines, or
penalties assessed against or imposed upon the applicant in relation to a sexually oriented
business;
        3.    An applicant has failed to provide information required by Section 6.65.040;
        4.    An applicant has been convicted of a specified criminal activity. For the
purpose of this subsection, “conviction” includes a conviction of any business entity for
which the applicant had, at the time of the offense leading to the conviction, a
management responsibility or a controlling interest;
        5.    The license application fee required by this chapter has not been paid;
        6.    An applicant has falsely answered a question or request for information on
the application form; or
        7.    The proposed sexually oriented business is located in a zoning district other
than a district in which sexually oriented businesses are allowed to operate under Title 15
of this code, or is not in compliance with the location restrictions established for sexually
oriented businesses in the appropriate zoning district(s).
        B.    An applicant that is ineligible for a license due to subsection (A)(4) of this
section may qualify for a sexually oriented business license only when the time period
required by the applicable subsection in subsection 6.65.020(V) has elapsed.
        C.    The license, if granted, shall state on its face, the classification or
classifications of sexually oriented business, according to the classifications listed in
                                                                                       Page 113 of 144


Section 6.65.030, for which the sexually oriented business or sexually oriented business
employee is licensed, the name of the person or persons to whom it is granted, the
number of the license issued to that applicant, the expiration date, and, if the license is
for a sexually oriented business, the address of the sexually oriented business. A sexually
oriented business employee license shall contain a photograph of the licensee. The
sexually oriented business license shall be posted in a conspicuous place at or near the
entrance to the sexually oriented business so that persons entering the business may
easily read it at any time. A sexually oriented business employee shall keep the
employee‟s license on his or her person or on the premises where the licensee is then
working, and shall produce such license for inspection upon request by a law enforcement
officer or other authorized city official.
(Code 1993, § 6.65.050; Ord. No. O-2001-49, § 1 (part); Ord. No. O-2001-78, § 3 (part);
Ord. No. O-2002-26, § 2)

6.65.060       Review by other departments.
       A.      Before the issuance of any non-temporary sexually oriented business license,
the city clerk shall submit each complete license application to the community
development department and police department.
       B.      The community development department shall determine whether the
proposed business complies with all location requirements in this chapter and in Title 15 of
this code. The police department shall determine whether the applicant or any of the
individuals required to be listed in the license application have been convicted of a
specified criminal activity during the time periods stated in this chapter.
       C.      Within twenty days after submission of each complete license application to
the city clerk, the community development department and police department shall
complete their respective reviews, and advise the city clerk of their findings. The police
department and community development department shall only provide the information
specified in subsections A and B of this section and shall not approve or disapprove the
license application.
       D.      If the police department fails to complete its review within the twenty day
time limit, the city clerk shall proceed as if the department had completed its review and
concluded that the applicant has no convictions of a specified criminal activity during the
time periods stated in this chapter. If the community development department fails to
complete its review within the twenty-day time limit, the city clerk shall proceed as if the
department had completed its review and concluded that the proposed business complies
with all location requirements in this chapter and in Title 15 of this code.
(Code 1993, § 6.65.060; Ord. No. O-2001-49, § 1 (part); Ord. No. O-2001-78, § 3 (part))

                     25
6.65.070    Fees.
       A.   Fees for sexually oriented business licenses (initial or renewal) shall be as
follows:
       1.   Application fee: $280
       2.   For each additional applicant on the license (initial or renewal): $85
       B.   Application fees for sexually oriented business employee licenses (initial or
renewal) shall be: $200
       C.   The city shall collect and use these fees only to defray the costs of



25
     Legal Analysis: Code 1993, § 6.65.070. Fees. Please review the fee provided for herein and
         advise as to changes necessary to make same current.
                                                                                  Page 114 of 144


administering this chapter.
(Code 1993, § 6.65.070; Ord. No. O-2001-49, § 1 (part))

6.65.080      Inspection.
       A.     For the purpose of ensuring compliance with this chapter and with Title 15 of
this code, an applicant, operator or licensee shall permit law enforcement officers and any
other agency responsible for performance of any function connected with the enforcement
of this chapter and Title 15 of this code, to inspect those portions of the premises of a
sexually oriented business that patrons or customers are permitted to occupy. Such
inspections shall be permitted any time the business is occupied or open for business.
       B.     The provisions of this section do not apply to areas of an adult motel that are
currently used by a customer as a permanent or temporary habitation.
(Code 1993, § 6.65.080; Ord. No. O-2001-49, § 1 (part); Ord. No. O-2001-78, § 3 (part))

6.65.090       Expiration of license.
        A.     Each license shall expire one year from the date of issuance and may be
renewed only by application as provided in Section 6.65.040. To allow sufficient time for
final city action on a renewal application, each applicant shall apply for renewal at least
seventy-five days before the expiration date. Pending final city action on a renewal
application made later shall not prevent expiration of the license.
        B.     Applications to renew licenses shall comply with the requirements for initial
license applications under this chapter. The city shall act on applications to renew licenses
according to the provisions for initial license applications under this chapter.
        C.     When the city clerk denies renewal of a license, the applicant shall not be
issued a license for one year from the date of denial. However, if, at least ninety days
after the denial becomes final, the city clerk finds that the basis for denying the renewal
has been corrected or abated, the applicant shall be granted a license renewal.
(Code 1993, § 6.65.090; Ord. No. O-2001-49, § 1 (part))

6.65.100      Suspension.
       The city clerk shall issue a written notice of intent to suspend a license for a period
not to exceed thirty days if the clerk determines, by a preponderance of the evidence,
that a licensee knowingly, or an employee of a licensee, with knowledge of the licensee,
has:
       A.     Violated or failed to comply with any section of this chapter or Title 15 of this
Code; or
       B.     Refused to allow an inspection of the sexually oriented business premises as
authorized by this chapter or Title 19 of this Code.
(Code 1993, § 6.65.100; Ord. No. O-2001-49, § 1 (part); Ord. No. O-2001-78, § 3 (part);
Ord. No. O-2002-26, § 3)

6.65.110     Revocation.
       A.    The city clerk shall issue a written notice of intent to revoke a sexually
oriented business or sexually oriented business employee license if a cause of suspension
in Section 6.65.100 occurs and the license has been suspended within the preceding
twelve months.
       B.    The city clerk shall issue a written notice of intent to revoke a sexually
oriented business license or sexually oriented business employee license if the city clerk
determines, by a preponderance of the evidence, that:
       1.    A licensee knowingly gave false information in the material submitted during
                                                                                 Page 115 of 144


the application process;
       2.     A licensee has knowingly allowed possession, use or sale of controlled
substances on the premises of a sexually oriented business;
       3.     A licensee has knowingly allowed prostitution on the premises of a sexually
oriented business;
       4.     A licensee has knowingly operated a sexually oriented business while the
licensee‟s or the business‟ license was suspended;
       5.     A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral
copulation, masturbation or other sex act to occur in or on the premises of a sexually
oriented business. This subsection applies to an adult motel, only if the licensee knowingly
allowed the listed acts to occur either (a) in exchange for money, or (b) in a public place
or within public view; or
       6.     A licensee has been convicted of a specified criminal activity. For the purpose
of this subsection, “conviction” includes a conviction of any business entity for which the
licensee had, at the time of the offense leading to the conviction, a management
responsibility or a controlling interest.
       C.     When, after the notice and hearing procedure described in Section 6.65.120,
the city clerk revokes a license, the revocation shall continue for one year and the licensee
shall not be issued a sexually oriented business license for one year from the date
revocation becomes effective.
(Code 1993, § 6.65.110; Ord. No. O-2001-49, § 1 (part))

6.65.120      Hearing--License denial, suspension, revocation--Appeal.
        A.    If the city clerk determines, by a preponderance of the evidence, that facts
exist for denial of an application for a new license or for renewal, suspension or revocation
of a license under this chapter, the city clerk shall notify the applicant or licensee
(aggrieved party) in writing of the intent to deny, suspend or revoke the license, including
the grounds therefor, by personal delivery, or by certified mail. The notification shall be
directed to the most current business address on file with the city clerk.
        B.    Within five working days of receipt of such notice, the aggrieved party may
provide to the city manager, in writing, a response that shall include a statement of
reasons why the license application should not be denied, or the license suspended, or
revoked.
        C.    Within three working days of the receipt of the aggrieved party‟s written
response, the city manager or the manager‟s designee shall notify the aggrieved party in
writing of the hearing date on the denial, suspension or revocation.
        D.    Within ten working days of the receipt of the aggrieved party‟s written
response, the city manager or the manager‟s designee shall conduct a hearing, at which
the aggrieved party shall have the opportunity to be represented by counsel and present
evidence and witnesses. Unless extended to meet the requirements of due process and
proper administration of justice, the city manager or the manager‟s designee shall
conclude the hearing within two working days.
        E.    If the city manager or the manager‟s designee conducts a hearing, the city
manager or the manager‟s designee shall within five working days after conclusion of the
hearing issue a written decision finding whether, by a preponderance of the evidence,
grounds exist for the denial, suspension or revocation.
        F.    If the city manager or the manager‟s designee receives no response in the
time stated or, if after the hearing, the city manager or the manager‟s designee finds that
grounds, as specified in this chapter, exist for denial, suspension or revocation, then such
denial, suspension or revocation shall become final five days after the city manager or the
                                                                                 Page 116 of 144


manager‟s designee sends, by certified mail, written notice that the license has been
denied, suspended or revoked. Such notice shall include a statement advising the
applicant or licensee of the right to appeal such decision to a court under C.R.C.P.
106(a)(4).
        G.     If the city manager or the manager‟s designee finds that no grounds exist for
denial, suspension or revocation, then within five working days after the hearing, the city
manager or the manager‟s designee shall withdraw the intent to deny, suspend or revoke,
and shall so notify the aggrieved party in writing by certified mail of such action and, in an
appeal from the clerk‟s notice of intent to deny, the city clerk shall contemporaneously
issue the license.
        H.     When a decision to deny renewal or to suspend or revoke a license becomes
final, the aggrieved party whose application for renewal has been denied, or whose license
has been suspended or revoked, shall have the right to court review of such action under
C.R.C.P. 106(a)(4). Upon the filing of any court action to appeal, challenge, restrain or
otherwise enjoin the city‟s enforcement of the denial (except denial of an application for a
new license), suspension or revocation, the city shall immediately issue the aggrieved
party a provisional license. The provisional license shall allow the aggrieved party to
continue operation of the sexually oriented business or to continue employment as a
sexually oriented business employee, as the case may be, and will expire upon the court‟s
entry of a judgment on the aggrieved party‟s action to appeal, challenge, restrain or
otherwise enjoin the city‟s enforcement.
        I.     When a decision to deny an application for a new license becomes final, the
aggrieved party whose application has been denied shall have the right to review of such
action in the Longmont municipal court, as provided below.
        1.     The aggrieved party may commence review of a decision to deny an
application for a new license by filing a complaint in the Longmont municipal court and
serving the complaint on the city manager. Within twenty days of service of such
complaint, the city manager shall file a certified copy of the entire administrative record to
the municipal court and give notice to the aggrieved party of such filing. The aggrieved
party shall advance the cost of preparing the record.
        2.     Upon receipt of the complaint, the court shall set a hearing on the matter for
a date between fifty-five and sixty-five days from the date the complaint is filed.
        3.     The aggrieved party shall file in the municipal court and serve on the city
manager an opening brief within fifteen days after the date upon which the administrative
record is filed. The city manager may file in the municipal court and serve on the
aggrieved party an answer brief within ten days after service of the aggrieved party‟s
brief. The aggrieved party may file and serve on the city manager a reply brief within five
days after service of the answer brief. No further briefs will be allowed.
        4.     The court shall add three days to the prescribed periods of time if service of
any of the required briefs is made by mail. The aggrieved party (but not the city manager)
may request additional time to file its briefs. Any such request, however, shall be deemed
consent to extension of the time limits for the city manager‟s brief and final municipal
court decision by the length of time so requested.
        5.     The court shall render a decision on the aggrieved party‟s complaint within
seventy-five days from the date the complaint is served on the city manager. Review shall
be limited to a determination of whether the city manager or manager‟s designee
exceeded their jurisdiction or abused their discretion, based on the evidence in the record
before the city manager or manager‟s designee. If the court finds that the city manager or
manager‟s designee exceeded their jurisdiction or abused their discretion, then the court
shall reverse the decision to deny the application. The decision of the municipal court may
                                                                                  Page 117 of 144


be appealed to the state district court.
        J.     The failure of an aggrieved party to seek review, according to this section, of
a final decision to deny an application for a new license or for renewal or to suspend or
revoke a license within thirty days of the date that decision becomes final shall constitute
a waiver of any right to contest the denial, suspension, or revocation of the license.
(Code 1993, § 6.65.120; Ord. No. 01-2001-49, § 1 (part); Ord. No. O-2003-51, § 1)

6.65.130     Transfer of license.
      A licensee shall not transfer his or her license to another, nor shall a licensee
operate a sexually oriented business under the authority of a license at any place other
than the address designated in the application.
(Code 1993, § 6.65.130; Ord. No. 01-2001-49, § 1 (part))

6.65.140      Location of sexually oriented businesses.
       A.     A person commits a violation of this chapter if that person operates or causes
to be operated a sexually oriented business in any zoning district other than GI (General
Industrial) or MI (Mixed Industrial), as defined and described in Title 15 of this code.
       B.     A person commits an offense if the person operates or causes to be operated
a sexually oriented business within five hundred feet of any other premises licensed,
under the alcoholic beverage control statutes or regulations of the state or within one
thousand feet of the following protected land uses:
       1.     A church, synagogue, mosque, temple or building that is used primarily for
religious worship and related religious activities;
       2.     A school;
       3.     A boundary of a residential district or a residentially zoned property (E1, E2,
R1, R2, R3, MH, RLE, RMD, PUD-R and the residential portion of a PUD-MU district)
according to Title 15 of this code; and
       4.     A public park or recreational area; including, but not limited to: a park,
playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis
court, pedestrian/bicycle path, open space or wilderness area, or other similar public land
within the city that is under the control, operation, or management of city, county, state
or federal recreation authorities.
       C.     A person commits a violation of this chapter if that person causes or permits
the operation, establishment, substantial enlargement or transfer of ownership or control
of a sexually oriented business within one thousand feet of another sexually oriented
business.
       D.     Whenever this section requires the location of a sexually oriented business to
be a specified distance from an existing use, zoning district boundary or activity, such
distance or spacing requirement is measured as follows:
       1.     When a proposed or existing use is housed in a structure or building, the
required distance is measured to the closest exterior wall of the structure or building;
       2.     When a proposed or existing use is housed within a building also occupied by
other uses, such as within a shopping center, the required distance is measured from the
closest portion of the building devoted to the proposed or existing use in question;
       3.     When a proposed or existing use or activity is not housed in a structure or
building or is a school, the required distance is measured to the closest lot or property line
of the lot or parcel containing the use, activity or school;
       4.     The required distance to a boundary of a residential district or to a
residentially zoned property is measured to the closest zoning district boundary, as shown
on the official zoning map, or to the closest lot or property line of the specifically zoned
                                                                                 Page 118 of 144


property; and
        5.    The required minimum distance is measured wherever the distance shall be
the shortest between the proposed use or activity and existing use or activity, without
regard to intervening structures or objects. The presence of a city, county or other
political subdivision boundary shall be irrelevant for purposes of calculating and applying
the distance requirements of this section.
(Code 1993, § 6.65.140; Ord. No. O-2001-49, § 1 (part); Ord. No. O-2001-78, § 3 (part))

6.65.150      Nonconforming uses.
         A.   Any sexually oriented business lawfully operating on the effective date of the
ordinance adopting this chapter that is in violation of subsection A through D of Section
6.65.140 shall be deemed a nonconforming use. The nonconforming use may continue for
six months, unless sooner terminated for any reason or voluntarily discontinued for a
period of thirty days or more. Such nonconforming uses shall not be increased, enlarged,
extended or altered except that the use may be changed to a conforming use. If two or
more sexually oriented businesses are within one thousand feet of one another and
otherwise in a permissible location, the sexually oriented business that was first
established and continually operating at a particular location is the conforming use and
the later established business is nonconforming.
         B.   A sexually oriented business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to the grant or renewal of the
sexually oriented business license, of a use listed in subsection B of Section 6.65.140
within the proscribed distance of the sexually oriented business. This provision applies
only to the renewal of a valid license, and does not apply when an application is made for
a license after the applicant‟s previous license has expired or been revoked.
         C.   An owner or operator of a nonconforming sexually oriented business use
seeking an extension of the six-month time limit stated in subsection A may apply to the
Board of Adjustment (BOA) for a variance under the following procedures and criteria.
         1.   Review Procedure. All applications for variances shall follow the following
procedures:
         a.   Submission of Application/Completeness Determination. Applicants shall
submit signed variance applications, verified under oath, to the community development
department. Each application must include:
         i.   The applicant‟s full name, address and telephone number;
         ii.  The applicant‟s legal interest in the property or the business, including
documentation of the stated legal interest;
         iii. The length of variance requested; and
         iv.  Substantial evidence that the requested variance is necessary to recover the
initial investment in the business.
         b.   Community development department staff shall review the application for
completeness according to the requirements of this chapter and, if the application is
complete shall schedule an application for a public hearing according to this section, and
provide public notice, as required for other variance applications under Title 15 of this
code. If staff determines the application is not complete, the staff shall notify the
applicant in writing of the specific deficiencies and that the application will be held until
the complete information is submitted.
         c.   Staff Preparation of Public Hearing Report. After completion of the applicant‟s
submittal, staff shall prepare the public hearing report, which shall state whether the
application satisfies the applicable criteria, shall specify any areas of noncompliance and
shall conclude with a recommendation for application approval or denial, including the
                                                                                 Page 119 of 144


length of any variance recommended.
        d.    Transmittal of Application to the BOA and Public Hearing on Request. Staff
shall transmit the complete application and Public Hearing Report to the BOA. After receipt
of the application and report, the BOA shall hold a public hearing on the variance request
at its next regularly scheduled meeting, or as soon thereafter, as meeting agendas allow.
        e.    BOA Decision. Within thirty days after completion of the public hearing, the
BOA shall issue a written decision on whether to grant a variance, stating the length of
any variance granted, and including findings and conclusions. The community
development department shall deliver a copy of the decision to the applicant, by personal
delivery, facsimile or mailing the decision to the applicant‟s address, as shown on the
application.
        2.    Review Criterion. The BOA shall grant a variance if the application shows the
applicant has not substantially recovered the related investment as of the effective date of
this chapter. If authorized, a variance shall represent the least deviation from the time
limit stated in subsection A that will afford relief, and in no case shall exceed two years
from the effective date of this chapter.
(Code 1993, § 6.65.150; Ord. No. O-2001-49, § 1 (part); Ord. No. O-2001-78, § 3)

6.65.160      Regulations pertaining to exhibition of sexually explicit films, videos or live
entertainment in viewing rooms.
       A.     The licensee and every other person operating or causing the operation of a
sexually oriented business (except an adult motel) that exhibits on the premises, in a
viewing room of less than one hundred fifty square feet of floor space, a film,
videocassette, live entertainment, or other video reproduction that depicts specified
sexual activities or specified anatomical areas shall observe and enforce the following
requirements:
       1.     No viewing room may be occupied by more than one person at any time;
       2.     No openings of any kind shall exist between viewing rooms or booths;
       3.     No person shall make or attempt to make an opening of any kind between
viewing booths or rooms, and the licensee or other person operating or causing the
operation of the business shall, at least once during each hour the business is open,
inspect the walls between the viewing booths to determine if any openings or holes exist;
       4.     All floor coverings in viewing booths shall be nonporous, easily cleaned
surfaces, with no rugs or carpeting; and
       5.     All wall surfaces and ceiling surfaces in viewing booths shall be constructed
of, or permanently covered by, nonporous, easily cleaned material. No wood, plywood,
composition board or other porous material shall be used within forty-eight inches of the
floor.
       B.     A person having a duty under subsection A herein commits a violation of this
chapter if he or she knowingly falls to fulfill that duty.
(Code 1993, § 6.65.160; Ord. No. O-2001-49, § 1 (part))

6.65.170      Stage required in adult cabaret and adult theater.
       Any adult cabaret or adult theater shall have one or more separate areas
designated as a stage in the diagram submitted as part of the application for the license.
Employees shall perform only upon the stage. The stage shall be fixed and immovable,
and it shall be at least two feet above the floor. No seating for the audience shall be
permitted within three feet of the edge of the stage. No members of the audience shall be
permitted upon the stage or within three feet of the edge of the stage.
(Code 1993, § 6.65.170; Ord. No. O-2001-49, § 1 (part))
                                                                                Page 120 of 144



6.65.180       Conduct in sexually oriented businesses.
        A.     The licensee of the premises shall ensure that at least one licensed employee
is on duty and situated in each manager‟s station at all times that any patron is inside the
premises.
        B.     The interior of the premises shall be configured in such a manner that there
is an unobstructed view from a manager‟s station of every area of the premises to which
any patron is permitted access for any purpose, excluding restrooms. Restrooms may not
contain video-viewing equipment. If the premises has two or more manager‟s stations
designated, then the interior of the premises shall be configured in such a manner that
there is an unobstructed view of each area of the premises to which any patron is
permitted access for any purpose from at least one of the manager‟s stations. The view
required in this subsection must be by direct line of sight from the manager‟s station.
        C.     The licensee shall ensure that the view area specified in subsection B remains
unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other
materials and, at all times, to ensure that no patron is permitted access to any area of the
premises that has been designated as an area in which patrons will not be permitted in
the application filed under Section 6.65.040.
        D.     The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an illumination
of not less than five foot-candles as measured at the floor level. The illumination
described above shall be maintained at all times that any patron is present in the
premises.
        E.     No person shall, in a sexually oriented business, appear nude except for:
        1.     Bona fide use of a restroom; or
        2.     Employees‟ bona fide use of a dressing room accessible only to employees.
        F.     No person shall, in a sexually oriented business, engage in specified sexual
activities.
        G.     No person shall, in a sexually oriented business, appear in a semi-nude
condition, unless the person is an employee who, while semi-nude, is at least three feet
from any patron or customer and on a stage conforming to the requirements of Section
6.65.170.
        H.     No employee shall, while semi-nude, knowingly and intentionally touch a
customer or the clothing of a customer.
        I.     Subsections A through I shall not apply to rooms in an adult motel, provided
that no employee or other agent of the motel has advertised, offered or otherwise
provided a person to appear nude or semi-nude or engage in specified sexual activities for
patrons of the establishment.
        J.     No licensee or employee of such licensee shall knowingly allow to occur any
disorderly conduct or other conduct proscribed by this chapter or any other city ordinance
or state or federal law, rule or regulation that occurs on or within the licensed premises.
        K.     No licensee or employee of such licensee shall knowingly fail to immediately
report to the police department any disorderly conduct or other conduct proscribed by this
chapter or any other city ordinance or state or federal law, rule or regulation that occurs
on or within the licensed premises.
(Code 1993, § 6.65.180; Ord. No. O-2001-49, § 1 (part))

6.65.190     Prohibition against children in a sexually oriented business.
      A licensee commits a violation of this chapter if the person knowingly allows a
person under the age of eighteen years on the premises of a sexually oriented business.
                                                                                   Page 121 of 144


(Code 1993, § 6.65.190; Ord. No. O-2001-49, § 1 (part); Ord. No. O-2002-26, § 4)

6.65.200     Hours of operation.
      No sexually oriented business, except an adult motel, may remain open at any time
between the hours of one o‟clock a.m. and eight o‟clock a.m. on weekdays and Saturdays,
and one o‟clock a.m. and noon p.m. on Sundays.
(Code 1993, § 6.65.200; Ord. No. O-2001-49, § 1 (part))

6.65.210        Employee tips.
        A.      It shall be unlawful for any patron of a sexually oriented business to give any
sexually oriented business employee a tip or gratuities, except as provided in subsection B
of this section. It shall be unlawful for any sexually oriented business employee to receive
tips from patrons except as stated in subsection B of this section.
        B.      A licensee that desires to provide for tips from its patrons shall establish one
or more boxes or other containers to receive tips. All tips for such employees shall be
placed by the patron of the sexually oriented business into the tip box.
        C.      A sexually oriented business that provides tip boxes for its patrons as
provided in this section shall post one or more signs, conspicuously visible to the patrons
on the premises, in letters at least one inch high to read as follows:
        “All tips are to be placed in the tip box and not handed directly to employees.
Physical contact between patrons and employees is strictly prohibited.”
(Code 1993, § 6.65.210; Ord. No. O-2001-49, § 1 (part))

6.65.220      Sanctions.26
       A.     A person who operates or causes to be operated a sexually oriented business
without a valid license or in violation of this chapter creates and maintains a public
nuisance and is subject to suit for injunction. Any court of competent jurisdiction shall
enjoin violations of this chapter, upon proof of such violations.
       B.     Intentional, knowing and reckless violations of this chapter shall be
punishable by a fine of up to five hundred dollars and imprisonment up to ninety days or
both such fine and imprisonment. Each day a violation continues is a separate offense or
violation.
(Code 1993, § 6.65.220; Ord. No. O-2001-49, § 1 (part))



Chapter 6.76
SOLICITORS

Sections:
6.76.010        Definitions.
6.76.020        Soliciting when prohibited by signs unlawful.
6.76.030        Remaining after request to leave unlawful.
6.76.050        Violation of Section 6.76.030--Penalty.

6.76.010    Definitions.
      As used in this chapter:


26
     Legal Analysis: Code 1993, § 6.65.220. Sanctions. Please review penalty.
                                                                                        Page 122 of 144


      “Soliciting from a private residence” means to enter upon the residential property of
another or, in the event of an apartment or condominium complex having a common
entrance hall or walkway, to knock or activate a bell or other mechanical device to any
residential unit therein.
      “Solicitor” means any person, whether a resident of the city or not, who solicits for
the purchase or sale of goods or services of any nature whatsoever from any private
residence.
(Code 1981, § 5-16-1; Code 1993, § 6.76.010)

6.76.020      Soliciting when prohibited by signs unlawful.
      It is unlawful for any person to engage, or cause any other person to engage as
agent or employee, as a solicitor by soliciting from any private residence whereon a sign
has been conspicuously displayed with the words “NO SOLICITORS” or “NO SOLICITING.”
(Code 1981, § 5-16-2(A); Code 1993, § 6.76.020)

6.76.030       Remaining after request to leave unlawful.
       It is unlawful for a solicitor to remain and refuse to leave immediately, or to instruct
and cause any agent or employee to remain and refuse to leave immediately, the private
residential property or residential unit of another, after being requested by the owner or
other person having the right to occupy such residence to leave, whether or not any “No
Solicitors” or “No Soliciting” signs have been displayed.
(Code 1981, § 5-16-2(B); Code 1993, § 6.76.030)

6.76.050      Violation of Section 6.76.030--Penalty.27
       Violation of Section 6.76.030 is punishable by a fine not less than fifty dollars and
up to three hundred dollars, or by imprisonment up to ninety days, or by both such fine
and imprisonment.
(Code 1981, § 5-16-3(B); Code 1993, § 6.76.030; Ord. No. O-94-61, § 9 (part))



Chapter 6.80
TELEPHONE UTILITY TAX

Sections:
6.80.005        Definitions.
6.80.010        Tax levied--Amount.
6.80.020        Effective date--Schedule of payment.
6.80.030        Initial and annual statements of company lines.
6.80.040        Failure to pay--Penalty--City action to collect.
6.80.050        Inspection of records.
6.80.060        Tax not on interstate commerce--Not a franchise.
6.80.070        Tax in lieu of certain other consideration.
6.80.080        Violation of Section 6.80.030--Penalty.
6.80.090        Offenses and liabilities to continue.

6.80.005        Definitions.


27
     Legal Analysis: Code 1993, § 6.76.050. Violation of § 6.76.030--Penalty. Please review penalty.
                                                                                 Page 123 of 144


       As used in this chapter:
       “Basic local exchange service” means “basic local exchange service” or “basic
service” authorized, by a certificate of public convenience and necessity, or otherwise,
under C.R.S. title 40, art. 15 (C.R.S. § 40-15-101 et seq.).
       “Base line count” means the total number of lines for which the incumbent provider
provides basic local exchange service within the city on May 28, 1997.
       “Incumbent basic local exchange service provider” or “incumbent provider” means
the company or entity providing basic local exchange service in the city as of April 12,
1996.
       “Inhabitant” means any individual, corporation, partnership, joint venture,
company, firm, association, proprietorship or other entity residing or having a place of
business within the city.
       “Line” means a separate telephone number or telephone circuit identification
number provided to a customer at retail, except that, to the extent a provider provides
basic local exchange service through trunks, a line means a network access register, or its
functional equivalent, provided to a customer at retail.
       “New basic local exchange service provider” or “new provider” mans any company
or entity other than the incumbent provider who enters the business of providing basic
local exchange service.
       “New provider‟s initial line count” means the number of lines for which a new
provider provides basic local exchange service within the city thirty days after that new
provider‟s effective date, under Section 6.80.020.
       “Provider” means a company or entity providing basic local exchange service,
through use of its own facilities, through resale, or through any combination of the two.
(Code 1993, § 6.80.005; Ord. No. O-97-36 § 2 (part))

6.80.010     Tax levied--Amount.
       A.    There is levied on and against each provider operating within the city of
Longmont, also called the “city,” a tax on the occupation and business of providing basic
local exchange service at retail to inhabitants of the city.
       B.    The annual amount and payment rates of tax levied shall be as follows:
       1.    Each provider shall pay a tax of up to two hundred sixty-three thousand, nine
hundred fifty-two dollars, in twelve equal monthly installments, on the last business day
of each calendar month.
       2.    The tax shall be determined by dividing two hundred sixty-three thousand,
nine hundred fifty-two dollars by the base line count, determined under this chapter, and
multiplying the result by the number of lines the provider provides within the city.
Expressed as a formula, the calculation shall be as follows:

      ($263,952.00  base line count)  Provider Lines = Provider Tax

         3.    The tax levied against each provider shall be calculated each August, shall be
effective on the following January 1st, and shall be payable in twelve equal monthly
installments, each installment being due on the last business day of each calendar month.
         4.    Each new provider that first becomes subject to this chapter during any
calendar day shall calculate its tax, for that calendar year, as stated in subsection (A)(2)
of this section, using, as the number of provider lines, the number in the new provider‟s
initial line count under Section 6.80.030. Each such new provider shall prorate the tax
from and including the month of the effective date, under Section 6.80.020, through the
end of that calendar year. Each such new provider that first becomes subject to this
                                                                                Page 124 of 144


chapter within the first ten months of a tax year shall pay that prorated tax in equal
monthly installments, beginning the month of its statement of new provider‟s initial line
count under Section 6.80.030 of lines, and ending December 31st of that tax year. Each
such new provider that first becomes subject to this chapter during the last two months of
the tax year shall pay its total prorated tax within sixty days of the effective date. For
each such new provider, the tax for the following year shall be computed as stated in
subsection (A)(2) of this section, using, as the number of provider lines, the number in
either the new provider‟s initial line count, or its June 30th statement of liens for the
preceding year (if any), under Section 6.80.030, whichever statement comes later.
(Code 1981, § 2-11-1; Code 1993, § 6.80.010; Ord. No. O-79-86, § 1; Ord. No. O-80-92,
§ 1; Ord. No. O-81-84, § 1; Ord. No. O-82-67, § 1; Ord. No. O-85-83, § 1; Ord. No. O-
97-36, § 2 (part))

6.80.020      Effective date--Schedule of payment.
       For each provider, the tax levied by this chapter shall commence on January 1,
1986, or on the date the provider first provides basic local exchange service within the
city, whichever is later. Except as this chapter may otherwise provide, the tax shall be due
and payable in twelve equal monthly installments, with the first such installment due
thirty days after the effective date.
(Code 1993, § 6.80.020; Ord. No. O-79-86, § 2; Ord. No. O-80-92, § 2; Ord. No. O-81-
84, § 2; Ord. No. O-82-67, § 2; Ord. No. O-85-83, § 2; Ord. No. O-97-36, § 2 (part))

6.80.030      Initial and annual statements of company lines.
       The incumbent provider shall, on May 28, 1997, determine the total number of lines
for which it then provides basic local exchange service within the city (the base line
count), and shall, by June 6, 1997, file with the finance director, a statement showing its
determined total number of lines. On June 30th of each calendar year, each provider then
subject to this chapter shall determine the total number of lines for which it then provides
basic local exchange service within the city. By July 30th of the same calendar year, each
such provider shall file with the finance director, a statement showing its determined total
number of lines. In addition, a new provider that first becomes subject to this chapter
during any calendar year shall, thirty days after that new provider‟s effective date under
Section 6.80.020, determine the number of lines for which it provides basic local
exchange service within the city (new provider‟s initial line count), and shall file its
statement of that number within sixty days after the effective date. All statements shall
be in such form as the finance director, may require, including oaths, verifications, or
acknowledgments.
(Code 1981, § 2-11-3; Code 1993, § 6.80.030; Ord. No. O-97-36, § 2 (part))

6.80.040      Failure to pay--Penalty--City action to collect.
      If any provider subject to this chapter fails to pay the taxes as provided in Section
6.80.010, the full amount thereof shall be due and collected from such company, and the
same, together with an addition of ten percent of the amount of taxes due, is a debt due
and owing from such provider to the city. The city attorney, upon direction of the city
council, shall commence and prosecute to final judgment and determination, in any court
of competent jurisdiction, an action at law to collect the debt.
(Code 1981, § 2-11-4; Code 1993, § 6.80.040; Ord. No. O-94-61, § 9 (part); Ord. No. O-
97-36, § 2 (part))

6.80.050     Inspection of records.
                                                                                         Page 125 of 144


      To enforce this chapter, the city, and its officers, agents or representatives shall
have the right, at all reasonable hours and times, to examine and copy the books and
records of every provider subject to this chapter. They shall use these books and records
and copies only to enforce this chapter. Except under a court order, or in connection with
enforcing this chapter, they shall not divulge these books, records or copies to any other
person.
(Code 1981, § 2-11-6; Code 1993, § 6.80.050; Ord. No. O-97-36, § 2 (part))

6.80.060    Tax not on interstate commerce--Not a franchise.
      The tax provided in this chapter is upon occupations and businesses in the
performance of local functions and is not a tax upon those functions relating to interstate
commerce. None of the terms of this chapter mean that the city grants any provider a
franchise.
(Code 1981, § 2-11-7; Code 1993, § 6.80.060; Ord. No. O-97-36 § 2 (part))

6.80.070      Tax in lieu of certain other consideration.
      The tax levied in this chapter is in lieu of all other occupation taxes on any provider
subject to this chapter. It is in addition to any otherwise applicable ad valorem taxes and
any other taxes and fees. It is in lieu of any free service furnished the city by any
provider.
(Code 1981, § 2-11-8; Code 1993, § 6.80.070; Ord. No. O-97036, § 2 (part))

                                                           28
6.80.080      Violation of Section 6.80.030--Penalty.
       Upon conviction, the municipal court shall punish any officer, agent or manager of a
provider subject to this chapter who fails, neglects or refuses to make or file the annual
statement of accounts provided in Section 6.80.030, by a fine between twenty-five dollars
and five hundred dollars. Each day after the statement becomes delinquent during which
the officer, agent or manager so fails, neglects or refuses to make and file such statement
is a separate and distinct offense.
(Code 1981, § 2-11-5; Code 1993, § 6.80.080; Ord. No. O-94-61 § 9 (part); Ord. No. O-
97-36 § 2 (part))

6.80.090        Offenses and liabilities to continue.29
        All offenses committed and all tax liabilities incurred before amendment of this
chapter, under prior versions of the telephone utility tax, shall be and remain
unconditionally due and payable, shall constitute a debt to the city, and shall be treated
as though all prior applicable ordinances and amendments thereto were in full force and
effect.
(Code 1993, § 6.80.090; Ord. No. O-97-36, § 2 (part))



Chapter 6.82
EMERGENCY TELEPHONE SERVICE CHARGE

Sections:


28
     Legal Analysis: Code 1993, § 6.80.080. Violation of § 6.80.030--Penalty. Please review penalty.
29
     Legal Analysis: Code 1993, § 6.80.090. Offenses and liabilities to continue. Deleted as obsolete.
                                                                                    Page 126 of 144


6.82.010       Imposed--Amount.
6.82.020       Collection.

6.82.010     Imposed--Amount.30
       There is imposed, pursuant to C.R.S. title 29, art. 11, pt. 1 (C.R.S. § 29-11-101 et
seq.) upon all telephone exchange access facilities within the city of Longmont an
emergency telephone charge in the amount not to exceed two percent of the tariff rates
as approved by the Public Utilities Commission or fifty cents, whichever is less, the
proceeds from which shall be collected and administered according to the terms of the
Intergovernmental Agreement and the Act as amended. The council further authorizes the
authority board to set such lesser charges as the authority board may from time to time
determine are appropriate in the course of the authority board‟s exercise of its functions
under the Intergovernmental Agreement.
(Code 1993, § 6.82.010; Ord. No. O-89-37, § 1; Ord. No. O-2997-69, § 1, 8-27-2007)

6.82.020     Collection.
      Telephone service suppliers providing telephone service in the city of Longmont are
authorized to collect the emergency telephone charge imposed by this chapter in
accordance with. C.R.S. title 29, art. 11, pt. 1 (C.R.S. § 29-11-101 et seq.),
(Code 1993, § 6.82.020; Ord. No. O-87-45, § 3)

                                  ORDINANCE O-2007-69
A BILL FOR AN ORDINANCE ESTABLISHING A CHARGE OF FIFTY CENTS PER MONTH FOR
EMERGENCY TELEPHONE SERVICE (“9-1-1”) FOR WIRED AND WIRELESS SUBSCRIBERS
                  IN LONGMONT FOR THE CALENDAR YEAR 2008

                                           8-27-2007

       WHEREAS the City of Longmont entered into an Intergovernmental Agreement in
1987 with several area governmental bodies creating an emergency Telephone Service
Authority known as BRETSA and implementing a “9-1-1” emergency telephone service.
       WHEREAS the City is authorized by state law to impose a charge of up to seventy
cents ($0.70) per month per exchange access facility or per wireless communication
access for emergency telephone service (“9-1-1”).
       WHEREAS the monthly telephone service charge for the years 1999 through 2007
was fifty cents ($0.50) per month per wired and wireless subscriber.
       WHEREAS BRETSA recommends renewing the monthly charge at fifty cents ($0.50)
per month per wired and wireless subscriber for the year 2008.
     NOW, THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, HEREBY ORDAINS:
Section 1
       The City Council finds that a monthly service charge of fifty cents ($0.50) per
month per wired and wireless subscriber for the emergency telephone service (“9-1-1”)
provided through BRETSA for the year 2008 is an appropriate amount and hereby
establishes the rate at fifty cents ($0.50) per month per wired and wireless subscriber for
the year 2008.



30
     Legal Analysis: Code 1993, § 6.82.010 Imposed--Amount. Deleted last sentence as apparently
         obsolete in light of Ord. No. O-2997-69,
                                                                                        Page 127 of 144




Chapter 6.88
TREE TRIMMING LICENSES

Sections:
6.88.010      License required--Term.
6.88.020      Approval of competency--Park board safety rules and regulations.
6.88.030      Fee--Expiration--Cleanup provision--Not transferable.
6.88.040      Application--Issuance.
6.88.050      Liability insurance--Notice of cancellation.
6.88.060      Revocation--Hearing.

6.88.010      License required--Term.
       No person shall engage in the business of planting, cutting, trimming, pruning,
removing or spraying trees, shrubs or vines without first obtaining from the city clerk or
clerk‟s designee a license therefor, each year, authorizing such person to engage in such
business.
(Code 1981, § 5-17-1; Code 1993, § 6.88.010; Ord. No. O-99-4, § 1)

6.88.020      Approval of competency—Park and recreation board safety rules and
             31
regulations.
       The city clerk or clerk‟s designee shall issue no license unless satisfied of the
competency of the applicant to engage in such business and may require such
examination as the park and recreation board may deem advisable. The park board may
prescribe, by rule and regulation, such safety measures as it deems necessary to protect
workers, the public and property. Such rules and regulations may prescribe the use of
safety appliances, apparatus and equipment.
(Code 1981, § 5-17-2; Code 1993, § 6.88.020; amended during 1993 recodification; Ord.
No. O-99-4, § 2)

6.88.030      Fee--Expiration--Cleanup provision--Not transferable.32
       The license fee for engaging in the business of planting, cutting, trimming, pruning,
removing or spraying trees, shrubs or vines shall be twenty-five dollars per calendar year
or fraction thereof, payable in advance. All licenses shall terminate on December 31st of
each year. Any license issued under this chapter shall provide that the licensee shall
remove all trash, clippings, debris and waste of every kind and nature resulting from the
licensee‟s operations from the premises upon which the work is done, to the city landfill,
at licensee‟s expense. Any license granted under the terms of this chapter shall not be
transferable from one person to another.
(Code 1981, § 5-17-3(A); Code 1993, § 6.88.030; amended during 1993 recodification)




31
   Legal Analysis: Code 1993, § 6.88.020 Approval of competency--Park board safety rules and
       regulations. Corrected official titles. See Code 1993, ch. 2.64. This section contradicts Code
       § 2.64.030 in that such later section provided that the board is advisory only.
32
   Legal Analysis: Code 1993, § 6.88.030 Fee--Expiration--Cleanup provision--Not transferable.
       Please review the fee provided for herein and advise as to changes necessary to make same
       current.
                                                                                       Page 128 of 144


6.88.040      Application--Issuance.
       The license described in Section 6.88.010 shall be issued by the city clerk or clerk‟s
designee, who shall have the power to grant such licenses upon compliance with the
terms of this chapter and the filing with the city clerk or clerk‟s designee of an application
therefor, and upon payment of the license fee provided for in Section 6.88.030 and the
deposit with the city clerk or clerk‟s designee of an insurance policy, or evidence thereof,
in accordance with the provisions of Section 6.88.050.
(Code 1981, § 5-17-3(B); Code 1993, § 6.88.040; Ord. No. O-99-4, § 3)

6.88.050       Liability insurance--Notice of cancellation.33
        Each applicant or licensee shall present to the city clerk or clerk‟s designee a
satisfactory public liability policy covering all operations within the scope of this chapter in
the principal sum of at least five thousand dollars per person injured, ten thousand dollars
for each accident involving two or more persons, and one thousand dollars property
damage liability. Should any policy be canceled, the city, through the office of the city
clerk or clerk‟s designee, shall be informed of the same on or before the date when such
cancellation is effective. Such cancellation clause shall be written into the terms of the
certificate of insurance and the duty to inform the city clerk or clerk‟s designee shall be
vested in the company writing the policy.
(Code 1981, § 5-17-4; Code 1993, § 6.88.050; Ord. No. O-99-4, § 4)

6.88.060      Revocation--Hearing. 34
       Any license issued under the terms of this chapter may be revoked by the city
manager for violation by the licensee of the rules and regulations of park and recreation
board or the provisions of this chapter, or any other provisions of this code. Upon filing
written request therefor, the licensee may be entitled to a hearing before the city council
relative to any such revocation. Application for such hearing must be made within five
days of the revocation of any such license.
(Code 1981, § 5-17-5; Code 1993, § 6.88.060)



Chapter 6.96
CARNIVALS

Sections:
6.96.010      Definitions.
6.96.020      License required--Carnivals.
6.96.030      Application--Contents.
6.96.040      Application--Review and investigation.
6.96.050      Application--Approval--Grounds for refusal.



33
   Legal Analysis: Code 1993, § 6.88.050 Liability insurance--Notice of cancellation. Please review
       the amount of required insurance and advise as to changes necessary to make same
       current.
34
   Legal Analysis: Code 1993, § 6.88.060 Revocation--Hearing. Approval of competency--Park
       board safety rules and regulations. Corrected official titles. See Code 1993, ch. 2.64. This
       section contradicts Code § 2.64.030 in that such later section provided that the board is
       advisory only.
                                                                                Page 129 of 144


6.96.060     Application--Disapproval--Written findings of fact.
6.96.070     Term of license--Application fees.
6.96.080     Records.
6.96.090     Hours of operation.
6.96.100     Unreasonable noise.
6.96.110     Exemptions.
6.96.120     Penalties--Enforcement.

6.96.010      Definitions.
       As used in the chapter, the following definitions shall apply:
       “Amusement park” means a tract, structure, area and equipment used principally
as a location for supporting carnival-amusement rides and devices.
       “Carnival” means an enterprise principally devoted to offering amusement or
entertainment to the public in, upon or by means of carnival-amusement rides and
devices or temporary structures in any number of combinations whether or not associated
with other structures or forms of public attraction, and all structures, equipment and
areas in support thereof.
       “Carnival-amusement ride or device” means any mechanized device or combination
of devices which carries passengers along, around or over a fixed or restricted course for
the purpose of giving its passengers amusement, pleasure, thrills or excitement.
       “Maintenance” of a carnival or amusement park means all activities relating to the
ongoing upkeep of the facilities, equipment and premises of the carnival or amusement
park.
       “Operator” means a person or the agent of a person, corporation or company who
owns or controls or has the duty to control the operation of an amusement park or
carnival or the carnival-amusement rides and devices used thereon.
       “Ride operator” means the person that has control of the carnival-amusement ride
or device at all times that it is being operated for the public‟s use.
(Code 1993, § 6.96.010; Ord. No. O-83-6 § 1 (part))

6.96.020     License required--Carnivals.
       No carnival shall conduct business within the city without a valid carnival license
until:
       A.    The city clerk has received a written and visual inspection from the electrical
inspector and fire prevention officer;
       B.    A license under this chapter has been issued to the carnival amusement park
so operated, valid at the time of operation.
(Code 1993, § 6.96.020; Ord. No. O-83-6, § 1 (part))

6.96.030      Application--Contents.
       The application for carnival license shall be made under oath as to the truthfulness
of the matters thereon set forth to the city clerk, shall be accompanied by the fees
required by this chapter, and shall contain the following information:
       A.     The name and address of the operator;
       B.     A description of the premises of the carnival or amusement park, including a
description of all improvements;
       C.     The trade name of the manufacturer, and the serial number of all rides and
devices;
       D.     Information regarding any accident within the past two years occurring on
the carnival or amusement park premises, including but not limited to date of accident,
                                                                                   Page 130 of 144


cause of accident, equipment or ride involved, kind of injury, whether injury involved
hospitalization, name of injured;
      E.      A description of any construction, substantial repair or alteration made in the
previous twelve months;
      F.      A description of any construction, substantial repair or alteration to be or
projected to be engaged in during the term of the license by the operator;
      G.      Submit a certificate showing that each tent or temporary stand has been
flame-treated, within one year, by a recognized flame-retardant product;
      H.      A list of the dates and locations of each operation of the carnival during the
period of twelve months immediately preceding the application;
      I.      A copy of any report of any inspection made of the carnival-amusement rides
or devices in the previous twelve months; however, a copy of such report of an inspection
conducted within the next preceding thirty days shall be provided;
      J.      A copy of a current liability insurance policy valid for the license term in the
amount of not less than a combined single limit of one million dollars for bodily injury to
or death of one person in any one accident, and property damage to others not to exceed
an aggregate limit of one million dollars.
(Code 1993, § 6.96.030; Ord. No. O-83-6 § 1 (part))

6.96.040      Application--Review and investigation.
       The application for the carnival license shall be submitted for review to the city
clerk no less than thirty days prior to any set-up operations or conducting of any business.
Upon submission, the clerk shall forward same to the Longmont police chief, who shall
cause an investigation to be conducted, as may be required, to verify the information
contained in the application.
(Code 1993, § 6.96.040; Ord. No. O-83-6, § 1 (part); amended during 1993
recodification)

6.96.050      Application--Approval--Grounds for refusal.
        No carnival license shall be issued to any applicant unless approved by the city
clerk. Such issuance or denial of license, as the case may be, shall occur on or before ten
regular business days of the city after the submission of the application and fees required
in this chapter. The city clerk shall refuse to issue any carnival license if a finding is made
that any material misrepresentation has been made in the application, that the applicant
has failed to provide liability insurance or evidence of inspection, or furnish other
information required by this chapter in the application, or that probable cause has been
disclosed that any of the carnival-amusement rides and devices are in an unsafe or
dangerous condition.
(Code 1993, § 6.96.050; Ord. No. O-83-6, § 1 (part))

6.96.060      Application--Disapproval--Written findings of fact.
       In the event that the city clerk disapproves the license application, the city clerk
shall make written findings of fact specifying the reasons for such disapproval. The
applicant may appeal such disapproval to the city council by submitting written notice of
appeal to the city clerk on or before the expiration of ten days following notice of
disapproval to applicant. The city council shall conduct a public hearing in the matter at a
regular meeting no later than thirty days following notice of appeal, and the applicant
shall be entitled to a hearing conforming to the standards of due process.
(Code 1993, § 6.96.060; Ord. No. O-83-6, § 1 (part))
                                                                                       Page 131 of 144

                                                     35
6.96.070      Term of license--Application fees.
       Licenses granted pursuant to this chapter shall be for periods and for the
application fees set forth in this section:
       A.     One Year. An annual license shall be valid during the calendar year in which
it was issued. The initial application fee, and any renewals thereof, shall be three hundred
dollars.
       B.     One Month. A one-month license shall be valid during any calendar month
designated by the applicant. The initial application fee, and for any renewals thereof, shall
be one hundred fifty dollars; however, during periods of continuous operation during any
calendar year, the total fees required shall not exceed three hundred dollars.
       C.     One Week. A one-week license shall be valid during any consecutive seven-
day period designated by the applicant. The initial application fee and for any renewals
thereof shall be one hundred dollars; however, during periods of continuous operation
during any calendar year, the total fees required shall not exceed three hundred dollars.
(Code 1993, § 6.96.070; Ord. No. O-83-6, § 1 (part))

6.96.080      Records.
       Every carnival or amusement park operator shall maintain detailed records relating
to the construction, mechanical breakdown, repair and maintenance of its operation,
including safety, inspection and training activities. Such records shall be made available to
the police or fire departments or their designee, at reasonable times.
(Code 1993, § 6.96.080; Ord. No. O-83-6, § 1 (part); amended during 1993
recodification)

6.96.090     Hours of operation.
      Carnivals and amusement parks shall operate only between the hours of eight a.m.
through eleven p.m. on Sundays through Thursdays, and eight a.m. through twelve on
Fridays and Saturdays, and it is unlawful for any person to operate, or facilitate the
operation thereof at any time not permitted in this section.
(Code 1993, § 6.96.090; Ord. No. O-83-6, § 1 (part))

6.96.100       Unreasonable noise.
       It is unlawful for any person to knowingly make or facilitate another to make
unreasonable noise in conjunction with the operation of a carnival or amusement park,
including the sounds produced from amplification equipment, which would cause a person
of ordinary sensitivities situated in a public or private place, substantial annoyance and
aggravation under all the circumstances then existing.
(Code 1993, § 6.96.100; Ord. No. O-83-6, § 1 (part))

6.96.110     Exemptions.
       Unless operated by a carnival or amusement park, the following rides and devices
are exempt from the provisions of these rules and regulations:
       A.    Model horse and model rocket rides, mechanical horse or bull rides, pinball
machines and jukeboxes that have individual self-contained wiring installed by the
manufacturer and are designed to be coin-operated activated amusement devices that are
self-operated and are located in or attached to permanent buildings;



35
     Legal Analysis: Code 1993, § 6.96.070 Term of license--Application fees. Please review the fee
         provided for herein and advise as to changes necessary to make same current.
                                                                                      Page 132 of 144


       B.     Nonmechanized playground equipment, including but not limited to swings,
seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds,
climbers, slides, trampolines, swinging gates and physical fitness devices;
       C.     Pony rides where the animal is under control of the person with an attached
lead line or where the animal is within a fixed or restricted route or course in full view of
the operator at all times;
       D.     Any device or ride otherwise covered by these rules but regulated by any
other state agency.
(Code 1993, § 6.96.110; Ord. No. O-83-6, § 1 (part))

                                         36
6.96.120       Penalties--Enforcement.
        Each day of violation under this chapter is a separate offense, punishable
accordingly. In addition to the penalties prescribed in Chapter 1.12, the city may obtain
relief in equity, including an injunction, from any court of appropriate jurisdiction, to
enforce the provisions of this chapter, and may conduct suspension of license proceedings
contemplated in Chapter 6.04 of this code.
(Code 1993, § 6.96.120; Ord. No. O-83-6, § 1 (part); Ord. No. O-94-61, § 9 (part))



Chapter 6.98
PRIVATE ALARM SYSTEMS*

Sections:
6.98.010       Declaration of policy.
6.98.020       Definitions.
6.98.030       Requirements--Limitations--Alarm businesses.
6.98.040       Emergency contact information.
6.98.050       False alarms.
6.98.060       False alarms--Penalties--Appeals--Collections and exemptions.
6.98.070       Violation--Penalties and enforcement.
6.98.080       Confidentially.
6.98.090       Applicability to existing alarms.

*        Prior ordinance history; Ord. No. O-86-54.

6.98.010      Declaration of policy.
       Private alarm systems may constitute a valuable resource which promotes the
interests of public safety by providing immediate notice to police personnel of conditions
necessitating emergency response. It is, however, recognized that occasions of false
alarms transmitted through an alarm service to the police department and
communications center for the police and fire departments infringe upon the availability
and efficient response of public safety personnel and equipment, burden the city with
substantial costs and, if frequently incurred, temper the cautioned response otherwise
required of police and fire personnel entering potentially dangerous situations. It is the
intent and policy of the city, by the enactment of this chapter regulating alarm systems,
that no specific or individual duty of response is undertaken not otherwise generally


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     Legal Analysis: Code 1993, § 6.96.120 Penalties--Enforcement. Please review penalty.
                                                                                 Page 133 of 144


extended to the public.
(Code 1993, § 6.98.010; Ord. No. O-92-29, § 1 (part); amended during 1993
recodification)

6.98.020      Definitions.
       As used in this chapter:
       “Alarm agent” means an owner or employee of an alarm business.
       “Alarm business” means and refers to any business, individual, firm, partnership,
corporation, contractor or subcontractor, or other commercial or private entity that is in
the business of owning, operating, maintaining, installing, leasing, selling or responding to
alarm systems, but shall not include any entity which sells only audible or visual alarms
for homeowner installation and personal operation.
       “Alarm system” means any assembly of equipment, mechanical or electrical,
designed to detect an unauthorized intrusion onto protected premises or the existence of
an emergency on such premises and which emits a sound or transmits a signal or
message when activated. The following devices shall not constitute alarm systems within
the meaning of this definition:
       1.     Devices which do not audibly, visibly or perceptibly transmit or register
alarms outside the protected premises;
       2.     Devices which are not installed, operated or used for the express purpose of
reporting an unauthorized intrusion or other condition of emergency to the Longmont
police department directly or indirectly;
       3.     Alarm devices affixed to motor vehicles.
       “Alarm user” refers to any person, firm, business, partnership, association or
corporation or employee thereof, which maintains control of, has responsibility for and/or
is associated with the operation of an alarm system or who buys and/or leases or
otherwise obtains or uses any alarm system.
       “Answering service” means a telephone answering service providing among its
services the service of receiving, on a continuous basis, emergency signals or messages
from alarm systems and thereafter immediately relaying the message by telephone to the
communications center of the police and fire department.
       “Audible alarm” means a signaling device which, when activated by the alarm
system, causes an audible and/or visual signal in or on the same premises where the
alarm system is installed and indicates to a reasonable person that the police department
should be notified.
       “Automatic telephone dialing alarm system” means an automatic dialing device or
an automatic telephone dialing alarm system (commonly known as a “dialer”) and
includes any system which, upon being activated, automatically transmits by telephone or
telephone line to the communications center for the police and fire departments a
recorded voice message indicating a need for emergency response.
       “Central monitoring” means a business which offers twenty-four-hour service of
receiving alarm signals, monitoring said signals and relaying them to the communications
center for the police and fire departments.
       “Emergency” means the commission or attempted commission of a crime against
persons or property, a medical alert or the occasion of a fire, hazardous spill or other
condition threatening life or safety.
       “False alarm” means the activation of an alarm system which results in a response
by the police department of the city, where there exists neither an emergency nor
evidence of a crime committed or attempted.
       “Hold-up/panic alarm” means and refers to the manual action taken by the alarm
                                                                                  Page 134 of 144


user to activate the alarm system while under duress or while being threatened by a
crime of violence.
       “Intrusion” means and refers to any entry or attempted entry into an area or
building equipped with an alarm system; the act of doing so activates that system.
       “Temporary exemption” means and refers to the period of time, to be no more than
ten days, upon initial installation to allow the alarm user the opportunity to become
familiar with his or her alarm system prior to application of penalties against that system.
       “Unreliable alarm system” means an alarm system that, during the current calendar
year, causes three or more false alarms.
(Code 1993, § 6.98.020; Ord. No. O-92-29, § 1 (part); amended during 1993
recodification; Ord. No. O-98-67, § 1)

6.98.030      Requirements--Limitations--Alarm businesses.
       A.     Multiple-Use Alarms. These are alarms designed for multiple use such as an
intrusion, robbery or fire and which consist of multiple sensory apparatus. Multiple-use
alarms shall be designed to separate and distinguish by separate signals which identify
intrusion, robbery, hold-up, panic or other condition specifically monitored and to notify,
directly or indirectly, the police department.
       B.     Alarms on Commercial, Business and Multiple-Residential Sites. Alarms on
commercial, business and multiple-residential sites must designate exact on-site locations
of intrusion. This shall be accomplished by use of exact address, apartment numbers,
zones or suite numbers and business names.
       C.     Audible Alarms. Audible alarms shall be equipped with a visual indication of
the location of the emergency and an automatic shut-off mechanism capable of
terminating the activated signal within a maximum time of twenty minutes.
       D.     Audible Alarm Termination. Audible alarms may be disconnected by a police
officer or by a person authorized by a police officer by any reasonable and necessary
means if the alarm does not automatically shut off as required in subsection C of this
section. Neither the city, its officers, agents, employees nor representatives shall be
responsible or liable for damages resulting from such disconnection.
       E.     Automatic Telephone Dialing. Operation of an automatic telephone dialing
alarm system over any telephone circuit terminating in the police department shall be
forbidden.
       F.     Identification. Upon demand, an alarm agent doing business in the city must
present proper identification to a police officer, building code official of the city, or to an
alarm user as an agent of an alarm business.
       G.     Operating Instructions. Any alarm business selling, leasing, replacing,
altering, servicing, modifying or installing any alarm system within the city is required to
provide the alarm user with complete and understandable written operating instructions.
       H.     Operating Instructions Posted. Alarm system operating instructions, exclusive
of security codes, shall be posted and available for employees in all businesses and
industrial locations that have alarm systems installed. In addition, business owners and
managers shall ensure that all involved employees are properly trained in the alarm
procedures.
(Code 1993, § 6.98.030; Ord. No. O-92-29, § 1 (part); amended during 1993
recodification; Ord. No. O-98-67, § 2)

6.98.040    Emergency contact information.
      A.    It is the responsibility of the alarm user to provide the names of current
authorized persons for alarm systems to the monitoring alarm companies, central
                                                                                   Page 135 of 144


monitoring stations or answering services.
       B.     It is the central monitoring stations and/or answering service‟s responsibility
to provide information to or assist the police department, when requested to do so,
concerning notification to and the response by an authorized individual to the alarm
source.
       1.     Failure of any central station or answering service to attempt notification of
the individual to respond to the alarm source when requested by the police department is
a violation of this chapter.
       2.     Failure by the authorized individual to respond within thirty minutes when
requested by the police department is a violation of this chapter.
       C.     It is the responsibility of the alarm system user to notify the central
monitoring company or answering service in the event the residence or business changes
ownership, business name or occupants in order to update emergency contact
information. Failure to do so is a violation of this chapter.
(Code 1993, § 6.98.040; Ord. No. O-92-29, § 1 (part); amended during 1993
recodification)

6.98.050       False alarms.
       A.      The city council declares that false alarms, as defined in this chapter,
constitute a public nuisance, exposing police and fire personnel and the general public to
unnecessary conditions of hazard.
       B.      New, improved or replaced alarm systems shall be afforded a ten-day
adjustment (grace) period, commencing with the first day of operation of the alarm
system, to correct mechanical problems. During that period of time no false alarms shall
be charged against the alarm user; however, police response may be restricted or
curtailed if, in the determination of the police chief, the number of false alarms has
become excessive.
       C.      After the adjustment period ends, there will be imposed a charge for false
alarms per the fee schedule in Section 6.98.060, except as listed below.
       D.      The city will assess no charge for false alarms if the police chief, or designee,
determines they were caused by:
       1.      Unusual weather conditions when such alarm could not have been prevented
by reasonable precautions;
       2.      Intentional activation with a reasonable belief that criminal activity was
occurring or about to occur;
       3.      Maintenance or construction activity not under the control of the alarm user;
       4.      Testing of the alarm system, with prior approval of the police department;
       5.      Circuit troubles caused by a third party other than the alarm vendor or user
that could not reasonably be foreseen by the alarm vendor or user;
       6.      Alarms caused by electrical shorts in telecommunications equipment beyond
the control of the alarm user;
       7.      Use by the police department to observe performance.
       E.      The city shall assess, and owners or operators of false alarms shall pay fees
in accordance with Section 6.98.060 of this chapter. The police department shall notify the
owner or property manager where an unreliable alarm system is installed that the police
department will no longer respond to alarms from that system until the chief of police or
designee is notified in writing that the system has been repaired, modified, or replaced or
that personnel have been assigned to operate the alarm system and properly trained in
the system operation. The police department shall commence response to alarms at the
location when such letter is received or there is confirmation from the location by a victim
                                                                                        Page 136 of 144


or witness or police that a crime or emergency is occurring at the location or the alarm
results from an armed robbery in progress or just committed. The city shall assess, and
owners or operators of false alarms occurring after the initial set of three false alarms
shall pay fees in accordance with Section 6.98.060.
       F.     For assessment of fees and possible discontinuance of police department
response, alarms attributed to a group of premises that are owned by a single entity and
are adjacent to each other shall be considered to be a single address regardless of the
fact that each premises has a unique address. Premises that are leased, rented or
otherwise occupied by separate distinct entities which have distinct addressed but may
have one owner will be considered individual addresses for billing purposes.
       G.     It is unlawful for a person to knowingly cause a false alarm for police or other
emergency to be transmitted to or within any organization, official or volunteer.
       H.     It is unlawful to knowingly cause a false alarm for an emergency to be
transmitted to a police or fire agency.
(Code 1993, § 6.98.050; Ord. No. O-92-29, § 1 (part); amended during 1993
recodification; Ord. No. O-98-67, § 3)

                                                                                   37
6.98.060      False alarms--Penalties--Appeals--Collections and exemptions.
        A.    The city shall assess, and owners or operators of false alarms beyond the
ten-day grace period shall pay charges per subsection D of this section. Any person
assessed charges for false alarms may appeal the assessment. Such appeal shall be taken
by filing with the city manager within fourteen days after receipt of notice of assessment,
written notice setting forth the grounds for appeal.
        1.    The city manager shall appoint a hearing officer. If, after a hearing, which
complies with the standards of procedural and substantive due process, the hearing officer
determines that grounds have been proven, the hearing officer may:
        a.    Uphold the assessment of all of the charges;
        b.    Disallow one or more of the false alarms, thereby causing a change in the
total charges.
        2.    The hearing officer shall consider the following factors in implementing this
section:
        a.    The prior history of performance of the alarm user;
        b.    A program or plan submitted for correction of the ground or grounds of
findings which provided the basis of the substantiation of the charges;
        c.    Any other factors which bear an impact on public safety and the general
welfare of the citizens of the city;
        d.    Appeal of the hearing officer‟s decision shall be conducted pursuant to the
Colorado Rules of Civil Procedure, Rule 106(A)(4). The aggrieved party shall, at his or her
expense, cause a transcript of the record to be prepared for submission to the appropriate
court.
        B.    Alarm systems located in offices of governmental agencies or authorities or
in public elementary or secondary schools shall meet the requirements of this chapter, but
the owners and operators shall be exempt from all charges established in this chapter.
        C.    The director of finance or designee shall process and collect the assessment
of fees hereunder pursuant to the city bill collection procedures.



37
     Legal Analysis: Code 1993, § 6.98.060 False alarms--Penalties--Appeals--Collections and
         exemptions. Please review the fee provided for herein and advise as to changes necessary
         to make same current.
                                                                                      Page 137 of 144


         D.    Schedule of charges for false alarms:

     False alarms 1, 2, and 3 in calendar year     $50.00 each
     False alarms 4, 5 and 6 in calendar year      200.00 each
     False alarms all subsequent in calendar       $350.00 each
     year

       E.     The city attorney or any other city agent shall be authorized to bring a civil
action against the owner or operator of an alarm system to collect the charges for false
alarms before any court of competent jurisdiction.
(Code 1993, § 6.98.060; Ord. No. O-92-29, § 1 (part); amended during 1993
recodification; Ord. No. O-98-67, § 4)

6.98.070      Violation--Penalties and enforcement.38
       The court shall fine any person operating or maintaining an alarm system who
violates this chapter up to five hundred dollars. Such fine may be in addition to any
assessment under Section 6.98.060. The city attorney may also bring an action before an
appropriate court to enjoin any violation.
(Code 1993, § 6.98.070; Ord. No. O-92-29, § 1 (part); Ord. No. O-94-61, § 9 (part))

6.98.080     Confidentiality.
      Information concerning the location and type of alarm systems and customers of an
alarm business furnished and secured pursuant to this chapter shall be confidential and
not subject to public inspection. It is declared that the public interest served by not
making such information public clearly outweighs the public interest served by disclosure.
Nothing in this chapter, however, shall be construed to prohibit disclosure of a schedule of
revenues derived pursuant to this chapter or enforcement proceedings to secure
compliance with the requirements hereof.
(Code 1993, § 6.98.080; Ord. No. O-92-29, § 1 (part))

6.98.090      Applicability to existing alarms.
       The provisions of this chapter shall apply to all alarm systems, including those
which were installed, connected, operated or maintained on or prior to and continue in use
after the effective date of the ordinance codified in this chapter.
(Code 1993, § 6.98.090; Ord. No. O-92-29, § 1 (part))



Chapter 6.101
PRIVATE REFUSE COLLECTION SERVICE*

Sections:
6.101.010      Definitions.
6.101.020      License and insurance required.
6.101.030      Application.
6.101.040      License fees.


38
     Legal Analysis: Code 1993, § 6.98.070 Violation--Penalties and enforcement. Please review
         penalty.
                                                                                   Page 138 of 144


6.101.050    Standards.
6.101.060    Approval.
6.101.070    Copies.
6.101.080    Insurance.
6.101.090    Hours of operation.
6.101.100    Suspension--Revocation.

*     Prior ordinance history: Ords. 0-89-2 and 0-94-61.

6.101.010 Definitions.
      The following definitions apply to this chapter:
      A.     “Company” means any person, firm, association, corporation or other
business entity engaged in the business of providing private refuse collection.
      B.     “Private refuse collection” means, except for municipal refuse collection,
providing the service collecting or transporting any garbage, refuse, or commercial or
industrial waste for hire.
(Code 1993, § 6.101.010; Ord. No. O-95-108, § 1 (part))

6.101.020 License and insurance required.
       A.    It is unlawful for any company to:
       1.    Provide private refuse collection within the city unless such company has
received and maintains a current and valid private refuse license issued by the city;
       2.    Operate any vehicle, or permit a vehicle to be operated, when providing such
service unless the vehicle is listed on the application, displays proof of licensing and meets
the standards of Section 6.101.050; or
       3.    Operate any vehicle, or permit a vehicle to be operated, when providing such
service without valid insurance required by Section 6.101.080.
       B.    Each day a violation occurs or continues is a separate offense.
(Code 1993, § 6.101.020; Ord. No. O-95-108, § 1 (part))

6.101.030 Application.
       A company requesting a private refuse collection license shall file a completed
application with the city clerk, or the clerk‟s designee, on forms provided by the city. The
application shall contain the following information attested to under oath:
       A.     The name and business address of the applicant company:
       B.     The name and residential address of the owner or owners of the company,
and if a corporation, the corporate name and corporate address, plus the name and
residential address of all officers and directors:
       C.     The name and residential address of the person designated as license
signatory. This person shall be the company‟s correspondent to and from the city for all
matters related to this license; and
       D.     The make, model and year, and license number for each motor vehicle used
by the applicant company.
       A company may amend an application to include additional vehicles upon payment
of the fees and proof of insurance for the additional vehicles.
(Code 1993, § 6.101.030; Ord. No. O-95-108, § 1 (part))

6.101.040 License fees.
       The license fee for a private refuse license is twenty-five dollars per year or any
fractional part thereof for the first truck and fifteen dollars per year or fractional part
                                                                                  Page 139 of 144


thereof for each additional truck so operated. The license year begins January 1st and
ends December 31st of each year. No license issued under this chapter is transferable.
(Code 1993, § 6.101.040; Ord. No. O-95-108 § 1 (part))

6.101.050 Standards.
       Each vehicle operated under the private refuse collection license must have a
permanent cover of canvas or equally suitable material designed to cover the entire open
area of the body of the vehicle and a permanently leak proof body. Extensions of
sideboards and tailgate, if any, must be constructed of permanent materials. Two-axle
vehicles shall not have a gross vehicle weight more than thirty-six thousand pounds.
Vehicles with more than two axles shall not have a gross vehicle weight more than fifty-
four thousand pounds.
(Code 1993, § 6.101.050; Ord. No. O-95-108, § 1 (part))

6.101.060 Approval.
       The city clerk, or the clerk‟s designee, shall issue the license, when the application
complies with this chapter, all required fees have been paid, proof of insurance has been
filed and the vehicles meet the standards in Section 6.101.050.
(Code 1993, § 6.101.060; Ord. No. O-95-108, § 1 (part))

6.101.070 Copies.
       The clerk or the clerk‟s designee shall provide proof of licensing for each truck
which meets the standards of Section 6.101.050 and is listed on the license application.
The proof of licensing shall be securely fastened on the vehicle as designated by the clerk,
or the clerk‟s designee, so as to be readily seen at all times.
(Code 1993, § 6.101.070; Ord. No. O-95-108, § 1 (part))

6.101.080 Insurance.
        The company shall file with the city clerk, or the clerk‟s designee, a policy or a
certificate of liability insurance covering all vehicles listed on the application. The
insurance policy must be issued by an insurance company licensed to do business in
Colorado and providing liability and other coverage in the amount and type required by
applicable state statutes.
(Code 1993, § 6.101.080; Ord. No. O-95-108 § 1 (part))

6.101.090 Hours of operation.
       A.    Except as provided in subsection B of this section, no company shall collect
refuse within the city between the hours of ten p.m. and seven a.m.
       B.    Collection is allowed between five a.m. and ten p.m. on Main Street (US
287); one block on either side of Main Street from Highway 66 to Highway 119; and on all
streets south of 2nd Avenue and west of Main Street in the MI, CDB, CR, C, BLI, GI, P,
PUD-C and PUD-I land use zoning districts.
(Code 1993, § 6.101.090; Ord. No. O-95-108, § 1 (part); Ord. No. O-2001-78, § 3 (part))

6.101.100 Suspension--Revocation.
       In addition to any other penalties, licenses granted under this chapter may be
suspended for a period up to six months or revoked at any time by a hearing officer
appointed by the city manager for violation of the requirements of this code. No license
shall be suspended or revoked without an opportunity for a hearing. The hearing officer
shall conduct the hearing according to due process, have authority to issue subpoenas,
                                                                                       Page 140 of 144


make findings and revoke or suspend the license. The hearing officer‟s decision is final
and may be appealed to a court of competent jurisdiction.
(Code 1993, § 6.101.100; Ord. No. O-95-108, § 1 (part))



Chapter 6.102
ICE CREAM VENDORS

Sections:
6.102.010       Legislative intent.
6.102.020       Definitions.
6.102.030       Permit required.
6.102.040       Insurance required.
6.102.050       Amplified sound.
6.102.060       Prohibited acts.
6.102.070       Violation--Penalty and enforcement.

6.102.010 Legislative intent.
      The purpose of this chapter is to allow and regulate the sale and vending of
prepackaged ice cream or frozen desserts from a motor vehicle.
(Code 1993, § 6.102.010; Ord. No. O-88-37, § 1 (part))

6.102.020 Definitions.
      The following definitions shall apply in the interpretation in enforcement of this
chapter:
      “Ice cream truck” means any vehicle in which prepackaged ice cream, Popsicles or
frozen desserts of any kind are carried for purposes of retail sale on the city streets.
      “Vend” or “vending” means offering prepackaged ice cream, Popsicles or frozen
desserts for sale from an ice cream truck on the city streets.
(Code 1993, § 6.102.020; Ord. No. O-88-37, § 1 (part))

                                 39
6.102.030 Permit required.
        No person shall engage in the business of vending from an ice cream truck without
first obtaining a license from the office of the city clerk for each ice cream truck according
to the provisions of this chapter. The fee for each license shall be one hundred dollars
annually. The licenses shall be valid from May 1st through September 30th of any
calendar year. Ice cream trucks shall be individually licensed and have such license in the
vehicle available to display upon request of any official of the city.
(Code 1993, § 6.102.030; Ord. No. O-88-37, § 1 (part))

6.102.040 Insurance required.
      Each holder of a license hereunder shall at all times maintain liability insurance in
amounts not less than required by applicable state laws and evidenced by certificate,
signed by an agent of an insurance carrier authorized to conduct business in Colorado.
Such certificate shall verify insurance status and set forth the limits of each policy, policy



39
     Legal Analysis: Code 1993, § 6.102.030. Permit required. Please review the fee provided for
         herein and advise as to changes necessary to make same current.
                                                                                      Page 141 of 144


number and insurer, the effective and expiration date of each policy, and a copy of an
endorsement placed on the submitted policy requiring ten days‟ notice by mail to the city
prior to policy cancellation for any reason.
(Code 1993, § 6.102.040; Ord. No. O-88-37 § 1 (part))

6.102.050 Amplified sound.
       Ice cream trucks may use amplified sound only when vending. No such amplified
sound, however, shall be in excess of that permitted by Sections 10.20.100 and
10.20.110 relating to prohibited noise.
(Code 1993, § 6.102.050; Ord. No. O-88-37, § 1 (part); amended during 1993
recodification)

6.102.060 Prohibited acts.
       Every person vending or operating an ice cream truck shall:
       A.     Obey all traffic laws;
       B.     Vend only when the truck is lawfully stopped and the vehicle‟s hazard lights
are in operation;
       C.     Comply with all applicable health and sanitation statutes, rules, regulations,
ordinances or other laws;
       D.     Vend only from the side of the truck away from moving traffic and as near as
possible to the curb or the side of the street;
       E.     Not vend to anyone standing in the roadway;
       F.     Not back any ice cream truck to make or attempt to make a sale;
       G.     Not vend before sunrise or after sunset;
       H.     Vend only on residential streets not having a speed limit posted above
twenty-five miles per hour;
  I. Not drive an ice cream truck above fifteen miles per hour while vending.
(Code 1993, § 6.102.060; Ord. No. O-88-37, § 1 (part))

6.102.070 Violation--Penalty and enforcement.40
      The court shall punish any person violating this chapter according to Chapter 1.12.
In addition, the city may suspend or revoke the license or licenses of ice cream truck
operators under Chapter 6.04.
(Code 1993, § 6.102.070; Ord. No. O-88-37, § 1 (part); Ord. No. O-94-61, § 9 (part))



Chapter 6.103
SOLID WASTE DISPOSAL SITES AND FACILITIES--CERTIFICATE OF DESIGNATION

Sections:
6.103.010      Applications for certificate of designation.
6.103.020      Application fee.
6.103.030      Inspection.

6.103.010      Applications for certificate of designation.



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     Legal Analysis: Code 1993, § 6.102.070. Violation--Penalty and enforcement. Deleted as not
         needed.
                                                                                        Page 142 of 144


       The city will process applications for certificates of designation for solid waste
disposal sites and facilities under C.R.S. title 30, art. 20, pt. 1 (C.R.S. § 30-20-101 et
seq.), in accordance with the state law.
(Code 1993, § 6.103.010; Ord. No. O-92-18, § 1 (part))

6.103.020 Application fee.41
       The city council will establish the fee for a certificate of designation as follows: each
application for designation for solid waste disposal sites and facilities shall be accompanied
by a fee of one thousand dollars, which fee shall not be refundable.
(Code 1993, § 6.103.020; Ord. No. O-92-18, § 1 (part))

6.103.030 Inspection.
       In addition to any applicable requirements of state law or state regulations, the
public works director, or designated agent, may inspect, with or without advance notice,
any solid waste disposal site or facility, at reasonable hours, to evaluate compliance with
state law, applicable regulations, and the terms of any certificate of designation. The
inspector shall notify the facility owner and operator, the city attorney, and the
community development director, in writing, of any noncompliance. If anyone refuses to
allow inspections, the inspector shall have every recourse allowed by law or court rule.
(Code 1993, § 6.103.030; Ord. No. O-92-18, § 1 (part))



Chapter 6.104
YOUTH VENDORS

Sections:
6.104.010       Legislative intent.
6.104.020       Definitions.
6.104.030       Permit required.
6.104.040       Application--Approval--Grounds for refusal.
6.104.050       Application--Contents.
6.104.060       Required acts.
6.104.070       Violation--Penalty and enforcement.

6.104.010 Legislative intent.
       The purpose of this chapter is to allow and regulate the retail sale of food,
beverages, and handmade products by youth and to exempt such sales from Longmont
sales tax.
(Code 1993, § 6.104.010; Ord. No. O-2001-27, § 1 (part))

6.104.020 Definitions.
      The following definitions shall apply in the interpretation and enforcement of this
chapter:
      “Applicant” means any person requesting a license pursuant to this chapter.
      “Sell,” “selling” or “for sale” means to offer food, beverages, or handmade products,



41
     Legal Analysis: Code 1993, § 6.103.020. Application fee. Please review the fee provided for
         herein and advise as to changes necessary to make same current.
                                                                                       Page 143 of 144


made, created or assembled by applicant, in exchange for money.
      “Vending stand” means a location from which food, beverages, or handmade
products are offered for sale.
      “Youth” means any individual under the age of sixteen years of age.
(Code 1993, § 6.104.020; Ord. No. O-2001-27, § 1 (part))

                                 42
6.104.030 Permit required.
       No youth shall engage in the business of selling food, beverages, or handmade
products more than four days per calendar month or more than thirty days in any
calendar year without first obtaining a youth vendor license from the office of the city
clerk. The fee for each license shall be five dollars per year. A youth vendor license shall
be valid from January 1st through December 31st of the calendar year in which it is
issued.
(Code 1993, § 6.104.030; Ord. No. O-2001-27, § 1 (part))

6.104.040 Application--Approval--Grounds for refusal.
        A.    No youth vendor license shall be issued to any youth unless approved by the
city clerk. Such issuance or denial of a license shall occur within fifteen calendar days of
the submission of the application and fee herein required.
        B.    The city clerk shall refuse to issue any license herein required if, after due
inquiry, the clerk finds any of the following:
        1.    The applicant for the license is sixteen years of age or older;
        2.    The applicant has made false statements upon the application;
        3.    The applicant fails to provide all information required by Section 6.104.050 of
this code; and
        4.    The application indicates the applicant will violate any provision of Section
6.104.060 of this code.
(Code 1993, § 6.104.040; Ord. No. O-2001-27, § 1 (part))

6.104.050 Application--Contents.
       The application for a youth vendor license shall be made to the city clerk, shall be
accompanied by the fee required by this chapter, and shall contain the following
information:
       A.     The location of the vending stand from which all sales will be made;
       B.     The name, address and date of birth of the applicant;
       C.     The name, address and date of birth of any person intended by applicant to
assist in the sale of food, beverages or hand-made products;
       D.     The number of vending stands to be operated by applicant;
       E.     Written approval of the youth vendor license, from an occupant of each
residence in the immediate vicinity of the proposed location for a vending stand. Such
approval shall be in a form satisfactory to the city clerk. In the absence of approval from
any occupant of such residence, the city clerk shall issue notice of the application for a
Youth Vendor license to such residence for the purpose of providing the occupants with an
opportunity to advise the city clerk of any valid reason such license should not be issued.
The city clerk shall not issue a youth vendor license within seven days of issuance of such
notice. For the purpose of this subsection, immediate vicinity shall be the four residences



42
     Legal Analysis: Code 1993, § 6.104.030. Permit required. Please review the fee provided for
         herein and advise as to changes necessary to make same current.
                                                                                      Page 144 of 144


on either side of the property on which the vending stand will be located as well as the
residences immediately across the street from said residences;
       F.     An indemnity, hold harmless and release of liability statement, in a form
satisfactory to the clerk, for the benefit of the city of Longmont, signed by the parent(s)
or legal guardian(s) of the applicant;
       G.     An indemnity, hold harmless and release of liability statement, in a form
satisfactory to the clerk, for the benefit of the city of Longmont, signed by the occupant(s)
of the property on which the vending stand will be located in the event the vending stand
will not be on the property of the parent(s) or legal guardian(s) of the applicant; and
       H.     The application shall be signed by the applicant stating that the information
contained in the application is true and accurate to the best information and belief of the
applicant.
(Code 1993, § 6.104.050; Ord. No. O-2001-27, § 1 (part))

6.104.060 Required acts.
      Every youth selling food, beverages, or handmade products shall:
      A.     Obey all laws;
      B.     Sell only from a vending stand identified in the application or within ten feet
of such vending stand;
      C.     Locate a vending stand only on property owned or occupied by applicant‟s
parent or legal guardian or with written approval of the lawful occupier of property;
      D.     Locate a vending stand only in an area zoned residential;
      E.     Locate a vending stand on private property and not in the area between the
sidewalk and the street;
      F.     Comply with all applicable health and sanitation statutes, rules, regulations,
ordinances;
      G.     Sell only between sunrise and sunset;
      H.     Sell no more frequently than three days in any consecutive seven-day
period;
      I.     Refuse to sell to anyone standing in the roadway;
      J.     Sell only on residential streets having a posted speed limit less than thirty-
five miles per hour; and
      K.     Before sunset, remove and store out of sight of the traveling public, the
vending stand and all materials and advertising used in the sale of any food, beverages,
or handmade products.
(Code 1993, § 6.104.060; Ord. No. O-2001-27, § 1 (part))

6.104.070 Violation--Penalty and enforcement.43
       The court shall punish any person violating this chapter according to Chapter 1.12.
In addition, the city may suspend or revoke a youth vendor license under Chapter 6.04 of
this code.
(Code 1993, § 6.104.070; Ord. No. O-2001-27, § 1 (part))




43
     Legal Analysis: Code 1993, § 6.104.070. Violation--Penalty and enforcement. Deleted as not
         needed.

				
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