TITLE
5
BUSINESS REGULATIONS
SUBJECT
CHAPTER
AMUSEMENTS
1
AUCTIONEER Repealed 6/82 81104
2
BEER AND LIQUOR
3
BILL POSTING
4
BILLIARDS; BOWLING
5
CIGARETTES
6
CIRCUSES; CARNIVALS
7
EXCURSION GAMBLING BOAT - ADMISSION FEE
8
GAS FRANCHISE
9
SALVAGE, JUNK DEALERS, AND REFUSE HAULERS
10
MASSAGE ESTABLISHMENTS AND TECHNICIANS
11
PARADES
12
PAWNBROKERS
13
PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
14
PERMITS, LICENSES, BONDS, FEES
15
SALES ON CITY PROPERTY
16
TAXICABS
17
CABLE TELEVISION SYSTEM
18
CABLE TELEVISION FRANCHISE
19
RESIDENTIAL SALES
20
TITLE 5 BUSINESS REGULATIONS
CHAPTER 1
AMUSEMENTS
SECTIONS:
5-1-1 License Required
5-1-2 Duration of License
5-1-3 Fire Inspections
5-1-1 License Required. No person shall keep, conduct, carry
on, or operate any roller skating rink, shooting gallery, theatre, or
any machine or apparatus for amusement or trial of skill or strength,
including, but not limited to, pin ball machines, not otherwise
provided for herein in this Section for a fee, charge, or profit,
unless he shall first procure a license and pay a fee therefore in
accordance with Title 5, Chapter 15 of the City Code.
5-1-2 Duration of License. The licenses required under this
Chapter shall expire on the expiration of the day, week, or month
for which issued, and in the case of annual licenses, such license
shall expire on the thirty-first (31) day of December after it's
issuance:
5-1-3 Fire Inspections. No license shall be issued for a
roller skating rink (indoor), shooting gallery, theatre, or any
other building which requires an amusement permit before such
building has been inspected by the Fire Department and has been
certified that such building is in compliance with the fire codes.
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5-1-3
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TITLE 5 BUSINESS REGULATIONS
CHAPTER 2
OUTDOOR COMMERCIAL ENTERTAINMENT ESTABLISHMENT PERMIT
SECTIONS:
5-2-1 Outdoor Commercial Entertainment Establishment Permit 5-
2-2 Application, Fee, Renewal, and Transfer
5-2-1 Outdoor Commercial Entertainment Establishment Permit. No person,
association, firm or corporation shall operate an outdoor commercial entertainment
establishment for profit which engages in the playing or rendition of music or singing
using amplification of sound or amplification of the human voice without first acquiring a
valid permit issued by the city clerk for such establishment pursuant to the provisions of
this chapter. The permit shall allow such operation only between the hours of 10:00
o'clock a.m. and 1:30 o'clock a.m. on the following morning. A permit once issued may
be suspended or revoked by the City Administrator or his/her designee pursuant to the
rules and guidelines established by the City Administrator or his/her designee. An
applicant or permit holder aggrieved by a decision of the City Administrator or his/her
designee shall have the right of appeal to the City Council. Any person who violates this
section shall be charged with a municipal infraction and shall be subject to a civil penalty of
$500.00 for the first violation and a civil penalty of $750.00 for each subsequent
violation.
5-2-2 Application for Annual Permit, Fee, Renewal, and Transfer of Permit.
Application for an outdoor commercial entertainment establishment permit shall be filed
with the city clerk on forms provided for that purpose. A permit may be applied for and
issued to expire one year following the date of the issuance of the permit and the fee shall be
$10.00 which fee may be changed by Resolution of the City Council. An application for a
renewal of a permit shall be filed not later than one month prior to the date of
expiration of the permit.
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TITLE 5 BUSINESS REGULATIONS
CHAPTER 3
BEER AND LIQUOR
Purpose
Definitions
Eligibility for Liquor Control License or Beer Permit
Conditions for Approval of License or Permit; Premises
Beer Permits; Classes
Liquor Licenses; Classes
Separate Locations; Class "B" or "C"
Application, Contents; Bond
Investigation of Applicant
Application for Renewal of Permit
Civil Liability
License and Permit Fees
Nature of License or Permit
Action by Council
Expiration of License or Permit
Refunds
Transfers
Prohibited Sales and Acts
Beer Brand Signs Prohibited
Suspension and Revocation
Effect of Revocation
Appeal and Hearing
Consumption in Public Places; Possession of Open Containers;
Intoxication
Persons Under Legal Age
Dancing Permitted; License
Penalties
Persons Under Legal Age Frequenting Taverns
Open Containers
5-3-1 Purpose. The purpose of this Ordinance is to provide
administration of licenses and permits and for local regulations and
procedures for the conduct of the sale and consumption of beer and
liquor for the protection of the safety, morals, and general welfare
of this community.
5-3-2 Definitions. Where words and phrases used in this
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SECTIONS:
5-3-1
5-3-2
5-3-3
5-3-4
5-3-5
5-3-6
5-3-7
5-3-8
5-3-9
5-3-10
5-3-11
5-3-12
5-3-13
5-3-14
5-3-15
5-3-16
5-3-17
5-3-18
5-3-19
5-3-20
5-3-21
5-3-22
5-3-23
5-3-24
5-3-25
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5-3-27
5-3-28
Ordinance are defined by State law, such definitions shall app.7.y to
their use in this Ordinance and are adopted by reference. Those
definitions so adopted that need further definition or are
reiterated, and other words and phrases used herein, shall have the
following meanings:
(A) "Person of good moral character" means any person who meets
all of the following requirements:
1. He has such financial standing and good reputation as
will satisfy the City Council and the Director that he will
comply with the Iowa Beer and Liquor Control Act and all
other laws, ordinances, and regulations applicable to his
operations under State law.
2. He does not possess a Federal Gambling Stamp, except for
such gambling activities as are permitted by the laws of
the State of Iowa.
3. He is not prohibited by the provisions of Section 5-3-21 of
this Ordinance from obtaining a liquor license or beer
permit.
4. He is a citizen of the United States and a resident of
Iowa, or licensed to do business in Iowa in the case of a
corporation.
5. He has not been convicted of a felony. However, if his
conviction of a felony occurred more than five (5) years
before the application for a license or permit, and if his
rights of citizenship have been restored by the Governor,
the Director may determine that he is a person of good
moral character notwithstanding such conviction.
6. If such person is a corporation, partnership, association,
club, hotel, or motel, the requirements of this subsection
shall apply to each of the officers, directors, and
partners of such person, and to any person who directly or
indirectly owns or controls ten percent (10%) or more of
any class of stock of such person or has an interest of
ten percent (10%) or more in the ownership or profits of
such person. For the purpose of this provision, an
individual and his spouse shall be regarded as one
person.
(B) "Club" means any nonprofit corporation or association of
individuals which is the owner, lessee, or occupant of a
permanent building or part thereof, membership in which
entails the prepayment of regular dues and is not operated
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for a profit other than such profits as would accrue to the entire membership.
(C)
"Commercial establishment" means a place of business which is at all times
equipped with sufficient tables and seats to accommodate twenty-five (25) persons at
one time, and the licensed premises of which conform to the ordinances of this City.
(D)
"Grocery store" means any retail establishment, the business of which consists of the
sale of food, food products, or beverages for consumption off the premises.
(E)
"Pharmacy" means a drug store in which drugs and medicines are exposed for sale
and sold at retail, or in which prescriptions of licensed physicians and surgeons,
dentists, or veterinarians are compounded and sold by a registered pharmacist.
(F)
"Hotel" or "motel" means a premise licensed by the State Department of
Agriculture and regularly or seasonally kept open in a bona fide manner for the
lodging of transient guests, and with twenty (20) or more sleeping rooms.
(G)
"Legal age" means twenty-one (21) years of age or more.
5-3-3 Eligibility for Liquor Control License or Beer Permit. Upon meeting
the requirements imposed by State law and the ordinances of this City, a person
who is of good moral character as defined by State law and this Ordinance may
apply for a liquor control license or a beer permit. In the case of a club,
corporation, or partnership, the officers of the club or corporation and the partners
of a partnership shall be persons of good moral character as defined by State law
and this Ordinance.
5-3-4 Conditions for Approval of License or Permit; Premises. An applicant for a
new liquor control license or beer permit or for the renewal of such license or permit, as a
further condition for approval by the City Council, must give consent in writing on the
application that members of the Fire, Police, and Health Departments and the Building
Inspector may enter upon the premises without warrant to inspect for violations of the
provisions of State law and this Ordinance, and provide that:
(A) No liquor control license or beer permit shall be approved for premises which do not
conform to all applicable laws, ordinances, resolutions, and fire regulations.
(B) No licensee shall have or maintain any interior access to residential or sleeping
quarters unless permission is granted by the State Beer and Liquor Control
Director in the form of a living quarters permit.
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5-3-2
5-3-4
(C) The premises for which a Class "B" beer permit is sought must be located within a
business district or an area now or hereafter zoned as a business district or
conform to the zoning requirements of this City.
(D) The premises of a Class "B" beer permit shall, at the time of the application,
continue to be equipped with sufficient tables and seats to accommodate
twenty-five (25) persons at one time.
(E) No state liquor store shall be located within three hundred feet (300') of a public or
private educational institution unless a lesser distance is specifically authorized by
ordinance.
5-3-5 Beer Permits; Classes. Beer permits shall be classed as follows:
(A) Class "B". A class "B" beer permit shall allow the holder to sell beer at retail for
consumption on or off the premises.
(B) Class "C". A Class "C" beer permit shall allow the holder to sell beer at retail for
consumption off the premises only. Such sales shall be in original containers only. No
Class "C" permit shall be issued to any person except the owner or proprietor of a
grocery store or pharmacy.
5-3-6 Liquor Licenses; Classes. Liquor control licenses shall be classed as follows:
(A) Class "A". A Class "A" liquor control license issued to a club shall authorize the holder
to purchase alcoholic liquors from the Department only, and to sell such liquors and
beer to bona fide members and their guests by the individual drink for consumption
on the premises only.
(B) Class "B". A Class "B" liquor control license issued to a hotel or motel shall
authorize the holder to purchase alcoholic liquors from the Department only, and to
sell such liquors and beer to patrons by the individual drink for consumption on the
premises, provided that beer may be sold for consumption off the premises. Each
such license shall be effective throughout the premises described in the application.
(C) Class "C". A Class "C" liquor control license issued to a commercial establishment
must be issued in the name of the individual or individuals who actually own the
entire business and shall authorize the holder or holders to purchase alcoholic
5-3-4
5-3-6
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liquors from the Department only, and to sell such liquors and beer to patrons by the
individual drink for consumption on the premises, provided that beer may be sold for
consumption off the premises.
(D)
Special Class "C". A Special Class "C" liquor control license issued to a commercial
establishment must be issued in the name or names of the individual or
individuals who actually own the entire business and shall authorize the holder or
holders to purchase wine containing no more than seventeen percent alcohol by
weight from the Department only, and to sell such wine and beer to patrons by
the individual drink for consumption on the premises, provided that beer may be
sold for consumption off the premises.
5-3-7 Separate Locations; Class "B" or "C". Every person holding a Class "B" or
Class "C" permit having more than one place of business where such beer is sold shall be
required to have a separate license for each separate place of business, except as
otherwise permitted by State law.
5-3-8 Application, Contents; Bond. A verified application for the original issuance
or the renewal of a liquor control license or a beer permit shall be filed at such time, in
such number of copies, and in such form as the State Director of Beer and Liquor Control
shall prescribe on forms prescribed by him. The application shall be accompanied by the
required fee and bond and be filed with the City Council for approval or disapproval. The
bond to be submitted shall be in a form prescribed by the State Director and in the
following amounts:
(A)
With any liquor control license$5,000.00 and conditioned upon the payment of
all taxes payable to the State under the provisions of the Iowa Beer and Liquor
Control Act and compliance with all provisions of the Act.
(B)
With any beer permit $500.00 and conditioned upon the faithful observance of the
Iowa Beer and Liquor Control Act.
5-3-9 Investigation of Applicant. Upon receipt of an original application for a
liquor license or beer permit by the City Clerk, it shall be forwarded to the Chief of
Police, who shall conduct an investigation and shall submit a written report on the
applicant as to the truth of the facts averred in the application and a recommendation
to the City Council as to the approval of the license or permit. It shall be the duty of the
Health Inspector, the Building Inspector, and the Fire Chief to inspect the premises to
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5-3-9
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determine if they conform to the requirements of the City, and no license or permit shall
be approved until or unless an approving report has been filed with the City Council by
such officers.
5-3-10 Application for Renewal of Permit. Before any permit renewal is granted, the
Police Chief, Fire Chief, Health Inspector, and Building and Zoning Administrators shall
inspect the premises of the applicant's place of business to determine whether such
premises comply with the applicable provisions of City ordinances, codes, and regulations.
The approval of said officials must be endorsed upon a Supplemental Application form
available from the City Clerk's office in order for the permit to be renewed.
5-3-11 Civil Liability. Every liquor control licensee and Class "B" beer permittee
shall furnish proof of financial responsibility either by the existence of a liability
insurance policy or by posting bond in such amount as determined by the Department.
5-3-12 License and Permit Fees. A fee shall be submitted with applications for
beer permits, liquor licenses, and Sunday sales permits, as required by State law and
specified in Sections 123.36 and 123.134 of the Code of Iowa.
5-3-13 Nature of License or Permit. A liquor control license or beer permit shall be
a purely personal privilege and be revocable for cause. It shall not constitute property nor
be subject to attachment and execution nor be alienable nor assignable, and in any case
it shall cease upon the death of the permittee or licensee. However, the Director may in
his discretion allow the executor or administrator of a permittee or licensee to operate
the business of the decedent for a reasonable time not to exceed the expiration date of the
permit or license. Every permit or license shall be issued in the name of the applicant
and no person holding a permit or license shall allow any other person to use same.
5-3-14 Action by Council. Action taken by the City Council shall be so endorsed on
the application and thereafter the application, fee, and bond shall be forwarded to the Iowa
Beer and Liquor Control Department for such further action as is provided by law.
5-3-15 Expiration of License or Permit. All liquor control licenses and beer
permits, unless sooner suspended or revoked, shall expire one year from date of issuance.
Six (6) or eight (8) month seasonal licenses or beer permits may be issued for a
proportionate part of the license or permit fee. No seasonal license or permit shall be
renewed except after a period of two (2) months. Seasonal licensing shall be only as
permitted by State regulation.
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5-3-16 Refunds. Any such licensee or permittee, or his executor, administrator,
or any person duly appointed by the court to take charge of and administer the property
or assets of the licensee or permittee for the benefit of his creditors, may voluntarily
surrender such license or permit to the Department, and when so surrendered the
Department shall notify the City, and the Department and the City, or the City by itself in
the case of a retail beer permit, shall refund to the person so surrendering the license or
permit a proportionate amount of the fee paid for such license or permit as follows: If
surrendered during the first three (3) months of the period for which said license or
permit was issued, the refund shall be three-fourths (3/4) of the amount of the fee; if
surrendered more than three (3) months but not more than six (6) months after issuance,
the refund shall be one-half (1/2) of the amount of the fee; if surrendered more than six
(6) months but not more than nine (9) months after issuance, the refund shall be
one-fourth (1/4) of the amount of the fee. No refund shall be made, however, for a liquor
control license or beer permit surrendered more than nine (9) months after issuance. No
refund shall be made to any licensee or permittee, upon the surrender of his license or
permit, if there is at the time of said surrender a complaint filed with the Department
or the City charging him with a violation of this Ordinance or provisions of the Iowa Beer
and Liquor Control Act. If upon hearing on any such complaint the license or permit is
not revoked or suspended, then the licensee or permittee shall be eligible, upon surrender of
his license or permit, to receive a refund as herein provided. But if his license or
permit is revoked or suspended upon such hearing, he shall not be eligible for the refund of
any portion of his license or permit fee. No refund shall be made for seasonal licenses or
permits.
5-3-17 Transfers. The Council will, in its discretion, authorize a licensee or
permittee to transfer the license or permit from one location to another within the City,
provided that the premises to which the transfer is to be made would have been eligible
for a license or permit in the first instance and such transfer will not result in the
violation of any law or ordinance.
5-3-18 Prohibited Sales and Acts. No person or club holding a liquor license or
beer permit, nor his agents or employees, shall do any of the following:
(A)
Sell, dispense, orgivetoanyintoxicatedperson, oronesimulatingintoxication, any
alcoholic liquor or beer.
(B)
Sell or dispense any alcoholic liquor or beer on the premises covered by the license or
permit, or permit the consumption thereon between the hours of two o'clock (2:00)
A.M. and six o'clock (6:00) A.M. on any weekday, and between the hours of two
o'clock (2:00) A.M. on Sunday and six o'clock (6:00) A.M. on the following
Monday except as is permitted by the laws of the State of Iowa.
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5-3-18
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(C) Sell alcoholic liquor or beer to any person on credit, except with a bona fide credit
card. This provision shall not apply to sales by a club to its members nor to sales by
a hotel or motel to bona fide registered guests.
(D) Employ any person under the age of eighteen (18) years old in the sale or serving of
alcoholic liquor or beer for consumption on the premises where sold.
(E) Sell, give, or otherwise supply any alcoholic beverage or beer to any person
knowing or having reasonable cause to believe him to be under legal age, or
permit any person knowing or having reasonable cause to believe him to be under
legal age, to consume any alcoholic beverage or beer.
(F) In the case of a retail beer permittee, knowingly allow the mixing or adding of
alcohol or any alcoholic beverage to beer or any other beverage in or about his
place of business.
(G) Keep or allow to be kept, gambling devices of any kind or description on the
premises or place of business of the license or permit holder, except as permitted by
the laws of the State of Iowa.
(H) Allow or permit a public appearance on licensed premises by any person who is
nude or who exposes to public view the human male or female genital or genitals,
pubic hair, buttocks, or perineum of the human male, or female breasts or breast at
or below the areola thereof with less than a full opaque covering.
5-3-19 Beer Brand Signs Prohibited. No signs or other matter advertising any
brand of beer shall be erected or placed upon the outside of any premises occupied by a
licensee or permittee authorized to sell beer at retail. All such signs formerly erected
shall be removed by the owner of the same by July 1, 1974.
5-3-20 Suspension and Revocation. A liquor license or beer permit may be
suspended for a period up to one year, or revoked for violations of law including City
ordinances following notice and hearing, and shall be revoked in accordance with the
provisions of State law for any of the following causes:
(A)
Misrepresentation of any material fact in the application for such license or permit.
(B)
Violation of any of the provisions of the Iowa Beer and Liquor Control Act.
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5-3-20
(C) Any change in the ownership or interest in the business operated under a Class
"A", Class "B", or Class "C" liquor control license, or any beer permit which change was
not previously reported to and approved by the City and the Department.
(D) An event which would have resulted in disqualification from receiving such license or
permit when originally issued.
(E) Any sale, hypothecation, or transfer of such license or permit.
(F) The failure or refusal on the part of any licensee or permittee to render any report or
remit any taxes to the Department under the State Act.
5-3-21 Effect of Revocation. Any liquor control licensee or beer permittee whose
license or permit is revoked under the Iowa Beer and Liquor Control Act shall not
thereafter be permitted to hold a liquor control license or beer permit in the State of
Iowa for a period of two (2) years from the date of such revocation. Neither business
associates holding ten percent (10%) or more of the capital stock or ownership interest
in a business whose license or permit has been revoked nor the spouse of a licensee or
permittee whose license or permit has been revoked shall be issued a liquor control
license or beer permit, and no liquor control license or beer permit shall be issued which
covers any business in which such person has a financial interest for a period of two (2)
years from the date of such revocation. In the event a license or permit is revoked, the
premises which had been covered by such license or permit shall not be relicensed for one
year.
5-3-22 Appeal and Hearing. The right of appeal to the Hearing Board shall be
afforded a liquor control licensee or beer permittee whose license or permit has been
suspended or revoked. Any applicant who feels aggrieved by a decision of the Director or
City disapproving, suspending, or revoking issuance of a liquor control license or beer
permit may, provided he has exercised his right of appeal to the Hearing Board as
provided by State law, appeal from said decision within ten (10) days to the Muscatine
County District Court. The City may appeal a decision of the Hearing Board within ten
(10) days to the Muscatine County District Court.
5-3-23 Consumption in Public Places; Possession of Open Containers; Intoxication. It
is unlawful for any person to use or consume alcoholic liquors or beer upon the public
streets or highways or alcoholic liquor in any public place, or to possess an open container of
beer or alcoholic beverages upon the public streets or highways, including the sidewalk
within the public right-of-way, and in any public place, except premises covered by a
liquor control license, and no person shall be intoxicated or appear to be intoxicated in
any public place.
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5-3-23
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5-3-24 Persons Under Legal Age. No person shall sell, give, or otherwise supply
alcoholic liquor or beer to any person knowing or having reasonable cause to believe him
to be under legal age, and no person or persons under legal age shall individually or
jointly have alcoholic liquor or beer in his or their possession or control; except in the
case of liquor or beer given or dispensed to a person under legal age within a private
home and with the knowledge and consent of the parent or guardian for beverage or
medicinal purposes or as administered to him by either a physician or dentist for
medicinal purposes and except to the extent that a person under legal age may handle
alcoholic beverages and beer during the regular course of his or her employment by a
liquor control licensee or beer permittee under state law. A person 19 or 20 years of
age, other than a licensee or permittee under Chapter 123, Code of Iowa, who violates
this section shall, upon conviction, be subject to a fine of fifteen dollars ($15.00).
5-3-25 Dancing Permitted; License.
(A) Dancing Permitted. No dancing shall be permitted in connection with the
operation of a business under any Class "B" beer permit or Class "C" liquor license
unless the floor space used for dancing purposes therein contained at least two
hundred (200) square feet, all of which shall be of the same general floor level
as the place where the beer or liquor is dispensed; said space to be used for
dancing shall be in the same room as, or in a room adjacent to and opening directly
from, the place where beer or liquor is dispensed and with full view at all times
of the major portion thereof from the place where beer or liquor is dispensed. Said
floor space shall not be obstructed or crossed in any part or portion by partitions
or other obstructions of any kind except necessary structural posts, pillars, or
similar supports and shall be used only for dancing.
(B)
Dancing License. No Class "B" beer permit holder or Class "C" liquor licensee shall
permit dancing until a license therefore has been obtained from the City Clerk's
office. No dancing license shall be issued until a fee has been paid to the City
Clerk's office in accordance with Title 5, Chapter 15 of the City Code, and until
the premises to be used for dancing has been inspected and approved by the Police
Chief, Fire Chief, and Building Inspector. A dancing license shall not be
transferred. However, the City Council may, at its discretion, summarily revoke
any license to dance. Clubs which comply with the requirements of State law shall
not be required to obtain a dancing license.
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5-3-26 Penalties
(A) Any person who violates any of the provisions of this Chapter shall be subject to a
fine of not to exceed one hundred dollars ($100.00), or to imprisonment for not more
than thirty (30) days.
(B) The conviction of any liquor control licensee or beer permittee for a violation of
any of the provisions of sub-sections (A) to (H), inclusive, of Section 5-3-18 of this
Chapter shall be grounds for the suspension or revocation of the license or permit by
the Department or the City. However, if any liquor control licensee is convicted of any
violation of subsection 2, paragraph a, d, or e, of Section 123.49 of the Code of Iowa,
or any beer permittee is convicted of a violation of subsection 2, paragraph a, of said
section 123.49 of the Code of Iowa, the liquor control license or beer permit shall
be revoked and shall immediately be surrendered by the holder and the bond of the
license or permit holder shall be forfeited to the Department of Beer and Liquor
Control.
5-3-27 Persons Under Legal Age Frequenting Taverns. No person under legal age
shall frequent or be in or about the licensed premises of a Class "B" beer permittee or a
Class "C" liquor control licensee unless the sale of goods or services other than alcoholic
liquor or beer constitutes fifty percent (50%) or more of the gross receipts from such
licensed premises. No such permittee or licensee shall permit persons under legal age to
frequent or be in or about his licensed premises.
5-3-28 Open Containers. It shall be unlawful for any person or for any licensee
or permittee under this Chapter or his or her agents or employees to permit any person
to carry from a licensed premises any open container of beer or alcoholic beverage,
including but not limited to bottles, cans, glasses, mugs, and cups, except when such
carry-out is related to and necessary for custodial, maintenance, and other bona fide
employment purposes.
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5-3-28
TITLE 5 BUSINESS REGULATIONS
CHAPTER 4
BILL POSTING
SECTIONS:
5-4-1 Permit Required
5-4-2 Requirements
5-4-3 Merchants Requirements
5-4-4 Billposters, Restrictions
5-4-5 Consent Required
5-4-6 Use of Nails or Tacks
5-4-7 Removal
5-4-1 Permit Required. No person shall post or distribute
any advertising bills, posters, or written, printed, or illustrated
matter, without having first obtained a permit therefor from the City
in accordance with Title 5, Chapter 15 of the City Code.
5-4-2 Requirements. City of Muscatine resident businessmen
may distribute their own advertising matter without a permit as
required in Section 5-4-1, provided that such distribution shall be
made in such a manner as not to create a nuisance or litter and such
advertising or billposting shall not be permitted on public streets or
property. Such businessmen shall conform in all respects with the
provisions of this Chapter except as to the requirement as to the
permit.
5-4-3 Merchants Requirements. Merchants may hand bills and
advertisements to persons willing to accept the same, at the
entrances, or within their own storerooms, but shall refrain from
scattering the same along the public sidewalks, gutters, streets,
alleys, and property.
5-4-4 Billposters, Restrictions. No licensed billposter or
distributor shall scatter any bills, posters, or written, printed,
or illustrated matter or deliver such upon the streets or alleys
of the City, hand the same to persons passing along the streets,
or throw the same into yards of private buildings or the halls of
public buildings or elsewhere, except to persons willing to accept
the same.
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5-4-5 Consent Required. Any person who shall post, paste, or
attach, or cause to be posted, pasted, or attached, any bill,
placard, poster, announcement, or advertisement on any house,
window, sidewalk, street, building, wall, fence, or tree, or to any
telegraph, telephone, or electric light or power pole or water
hydrant without first obtaining the written consent of the owner
or, if City property, of the Council, shall be deemed guilty of a
misdemeanor. No such poster or advertisement shall be attached to
any building, structure, tree, or any other object in conflict with
the City's Sign Ordinance.
5-4-6 Use of Nails or Tacks. Any person who uses tacks or nails
to fasten any such bill, placard, poster, announcement, or
advertisement on any wall or surface along any street, sidewalk,
or alley line where such nails or tacks may loosen and fall or may
reach such street, alley, or sidewalk, shall be deemed guilty of a
misdemeanor.
5-4-7 Removal. All bills, placards, posters, announcements, or
advertisements as permitted in this Chapter shall be removed upon
the request of the owner of private property and, if on public
property, as directed by the City.
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5-5-1
5-5-4
TITLE 5 BUSINESS REGULATIONS
CHAPTER 5
BILLIARDS; BOWLING
SECTIONS:
5-5-1
5-5-2
5-5-3
5-5-4
5-5-5
5-5-6
License Required
Application
Fees
Display of License
Gambling
Exemption
5-5-1 License Required. It shall be unlawful for any person,
without having obtained a license for that purpose in accordance
with Title 5, Chapter 15 of the City Code to own, operate, or
maintain any room in which such person owns, operates, or maintains
any pocket billiard, billiard, or similar table or any bowling
alley for hire or profit, or for the privilege of using which the
public or patrons of such room are required to pay, either directly
or indirectly, with money or with any other thing of value. All
pocket billiard, billiard, or similar tables located or kept in any
place of amusement or place of public resort shall be deemed to be
so located and kept for the purpose of permitting persons to play
thereon for hire and profit within the meaning of this Chapter.
5-5-2 Application. Every person applying for a license under
the terms of this Chapter shall make and deliver to the Clerk a
written application, setting out the place in which he desires to
maintain or operate pocket billiard, billiard, or similar tables or
bowling alleys, the number of tables or alleys to be maintained, and
who is the real and true owner of the tables or alleys to be
operated.
5-5-3 Fees. The fees for licenses shall be in accordance
with Title 5, Chapter 15 of the City Code.
5-5-4 Display of License. Every person holding a license
shall display such license in a conspicuous place in the room in
which the tables or alleys thereby licensed are maintained and
operated.
- 185 -
5-5-5 Gambling. Any person who shall gamble, or permit
gambling upon any game played on any pocket billiard,
billiard, or similar table, or bowling alley, except as
provided in Chapter 99B of the Code of Iowa, shall be guilty
of a misdemeanor, and the Council, upon hearing, may revoke
any license issued under this Chapter to such person or
suspend the same for any period not less than ten (10) days.
5-5-6 Exemption. This Chapter shall not apply to any pocket
billiard, billiard, or similar table or bowling alley privately
maintained in a private family or in social, political,
philanthropic, benevolent, educational, or in a secret club or
association, when such club or association maintains or operates
such table and alley for the use of its members exclusively, and
when such club or association maintains and operates such tables
and alleys as an incident only to the general purposes of such
club or association, and where such club or association has not
been organized for the purpose of maintaining, operating, or
running a pocket billiard, billiard, or bowling club.
- 186 -
5-6-1
5-6-4 TITLE 5 BUSINESS REGULATIONS
CHAPTER 6
CIGARETTES
SECTIONS:
5-6-1
Sale Authorized
5-6-2
Permit to Sell
5-6-3
Application
5-6-4
Filing Application
5-6-5
Application; Approval of
5-6-6
Mayor to Sign Permit; Term
5-6-7
Payment of Tax
5-6-1 Sale Authorized. The sale of cigarettes and cigarette papers and wrappers
made or prepared for the purpose of making cigarettes, by holders of permits therefor
issued as hereinafter provided in this Chapter, is hereby authorized.
5-6-2 Permit to Sell. It shall be unlawful for any person to sell cigarettes and
cigarette papers and wrappers prepared for the purpose of making cigarettes without first
obtaining a permit as provided in Title 5, Chapter 15 of the City Code and such sales
must be in accordance with the provisions of Chapter 98 of the Code of Iowa.
5-6-3 Application. Any person desiring a permit to sell cigarettes and cigarette
papers and wrappers prepared for the purpose of making cigarettes shall sign and file
with the Clerk a written application for such permit upon a form provided by the Clerk
for that purpose. Such application shall truly state the name and residence of such
applicant; whether an individual, firm, or corporation; the exact location of the place
where such sales are to be made and the name, residence, and post office address of the
owners of such place.
5-6-4 Filing Application. Each applicant for a permit to sell cigarettes and
cigarette papers and wrappers shall file with the Clerk his application prior to the
deadline established by the City Council for accepting Council items at which such
applicant desires the application to be acted upon.
- 187 -
5-6-5 Application; Approval of. At each regular meeting of the Council, the Clerk
shall report to the Council each application for a permit to sell cigarettes and cigarette
papers and wrappers then filed in this office. The Council shall then proceed to the
consideration of such application and if it finds the same proper and sufficient, shall by
motion grant the permit applied for. Thereupon the Clerk shall endorse upon the
application the fact and date of the granting of the permit by the Council.
5-6-6 Mayor to Sign Permit; Term. Whenever the Council shall grant a permit as
authorized in this Chapter, it shall be the duty of the Mayor to sign and issue the
same, but such permit shall by its terms expire June thirtieth (30) following its issuance.
5-6-7 Payment of Tax. No permit shall be issued and delivered to any applicant,
pursuant to the provisions of this Chapter, unless and until such applicant shall present
the receipt of the Clerk showing that the proper sum has been paid to the officer as the
tax to the next following July first (1) as provided by law.
5-6-5
5-6-7
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11/2/8983976
TITLE 5 BUSINESS REGULATIONS
CHAPTER 7
CIRCUSES; CARNIVALS
SECTIONS:
5-7-1 License Required; Circus
5-7-2 Circus License; Fee
5-7-3 License Required; Carnival
5-7-4 Carnival License; Fee
5-7-5 Public Property
5-7-1 License Required; Circus. No person shall keep, conduct,
carry on, or operate any circus or like exhibition, including side
shows and other performances in connection therewith, for a fee,
charge, or profit, unless he shall first procure a license therefor
in accordance with Title 5, Chapter 15 of the City Code.
5-7-2 Circus License; Fee. For every circus or like exhibi-
tion, including side shows or performances at the same time and in
connection therewith, there shall be paid a license fee and a bond
issued to the City in accordance with Title 5, Chapter 15 of the
City Code.
5-7-3 License Required; Carnival. No person shall keep, conduct,
carry on, or operate any carnival or street fair, including all shows,
racks, and stands exhibiting at the same time and in connection
therewith, unless he shall first procure a license therefor in
accordance with Title 5, Chapter 15 of the City Code.
5-7-4 Carnival License; Fee. For every carnival or street
fair, including all shows, racks, and stands exhibiting at the
same time and in connection therewith, there shall be a license
fee paid and bond issued to the City in accordance with Title 5,
Chapter 15 of the City Code.
5-7-5 Public Property. No circus or carnival shall be
conducted on any public street, park, or other public property
before first having obtained approval of the City Council.
- 189 -
5-7-1
5-7-5
5-8-1
5-8-1
TITLE 5 BUSINESS REGULATIONS
CHAPTER 8
EXCURSION GAMBLING BOAT - ADMISSION FEE
SECTION:
5-8-1 Admission Fee
5-8-1 Admission Fee.
(A) An admission fee of fifty cents is hereby adopted for each person embarking on an
excursion gambling boat with a ticket of admission docked within the City of
Muscatine.
(B) The admission fee shall be collected by the excursion boat licensee and paid to the City
Treasurer at the same time as the admission fees and wagering taxes imposed by the
State of Iowa are paid to the Treasurer of the State.
(C) The licensee shall keep its books and records so as to clearly show the total
number of admissions to gambling excursions conducted by the licensee on each
day, including the number of admissions on free passes or complimentary tickets
and the amount received daily from admission fees.
(D) Within ninety days after the end of each month and the end of the licensee's fiscal
year, the licensee shall transmit an audit of the admissions and admission fee
collected to the City Treasurer. All audits shall be conducted by certified public
accountants registered or licensed by the State of Iowa under Chapter 116 of the
Code of Iowa.
- 189A -
3/7/91 84436
TITLE 5 BUSINESS REGULATIONS
CHAPTER 9
GAS FRANCHISE
SECTIONS:
5-9-1 Grant of Franchise
5-9-2 Construction of Distribution System
5-9-3 Restoration of Public Places
5-9-4 Furnishing of Service
5-9-5 Non-exclusive
5-9-6 Term of Franchise
5-9-7 Publication and Election
5-9-8 Acceptance
5-9-9 Special Election to Grant Franchise
5-9-1 Grant of Franchise. There is hereby granted to IES
UTILITIES INC., hereinafter referred to as the "Company," its
successors and assigns, the right, franchise and privilege for the
term of twenty-five (25) years from and after the passage,
adoption, approval and acceptance of the Ordinance, to lay down,
maintain and operate the necessary pipes, mains and other
conductors and appliances in, along and under the streets, avenues,
alleys and public places in the City of Muscatine, Muscatine
County, Iowa as now or hereafter constituted, for the purpose of
distributing, supplying and selling gas to said City and the
residents thereof and to persons and corporations beyond the limits
thereof. The term "gas" as used in this franchise shall be
construed to mean natural gas only.
5-9-2 Construction of Distribution System. The mains and
pipes of the Company must be so placed as not to interfere
unnecessarily with water pipes, drains, sewers and fire plugs which
have been or may hereafter be placed in any street, alley and
public places in said City nor unnecessarily interfere with the
proper use of the same, including ordinary drainage, or with the
sewers, underground pipe and other property of the City, and the
Company, it successors and assigns shall hold the City free and
harmless from all damages arising from the negligent acts or
omissions of the Company in the laying down, operation and
maintenance of said natural gas distribution system.
5-9-1
5-9-2
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3/21/96 86117
5-9-3 Restoration of Public Places . In making any
excavations in any street, alley, avenue or public place, Company,
its successors and assigns, shall protect the site while work is in
progress by guards, barriers or signals, shall not unnecessarily
obstruct the use of the streets, shall back fill all openings in
such manner as to prevent settling or depressions in surface, and
shall replace the surface, pavement or sidewalk of such excavations
with same materials, restoring the condition as nearly as practical
and if defects are caused shall repair the same.
5-9-4 Furnishing of Service. The said Company, its successors
and assigns, shall throughout the term of the franchise distribute
to all consumers gas of good quality and shall furnish
uninterrupted service, except as interruptible service may be
specifically contracted for with consumers; provided, however, that
any prevention of service caused by fire, act of God or unavoidable
event or accident shall be a breach of this condition if the
Company resumes service as quickly as is reasonably practical after
the happening of the act causing the interruption.
5-9-5 Non-exclusive. The franchise granted by this Ordinance
shall not be exclusive.
5-9-6 Term of Franchise. The term of the franchise granted
by this Ordinance and the rights granted thereunder shall continue
for the period of twenty-five (25) years from and after its
acceptance by the said Company, as herein provided.
5-9-7 Publication and Election . The expense of the
publication of this Ordinance and the expense of the election
herein called shall be paid by the Company, its successors and
assigns.
5-9-8 Acceptance. The franchise granted by this Ordinance
shall be conditioned upon acceptance by the Company in writing.
The acceptance shall be filed with the City Clerk within ninety
(90) days from Company receiving a majority of the votes cast at
the election hereinafter called.
5-9-9 Special Election to Grant Franchise. BE IT FURTHER
ORDAINED and it is hereby ordered that the question of granting of
the franchise provided for in this Ordinance shall be submitted to a
vote of the electors of the City of Muscatine, Muscatine County,
Iowa, at a Special Election and that said Special Election is
hereby called and ordered to be held in the City of Muscatine,
Muscatine County, Iowa, on the 7th day of May, 1996, subject to the
acceptance of the Company as provided in Section 8 above. Notice
of said Special Election shall be given in the manner and form as
required by law.
5-9-3
5-9-9
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3/21/96 86117
5-10-1
5-10-4
TITLE 5 BUSINESS REGULATIONS
CHAPTER 10
SALVAGE, JUNK DEALERS, AND REFUSE HAULERS
SECTIONS:
5-10-1 Purpose
5-10-2 Scope
5-10-3 License Required
5-10-4 Screening
5-10-5 Collection Vehicles License
5-10-6 Disposal
5-10-7 Violation
5-10-1 Purpose. The purpose of this Chapter is to protect the
public health, safety, and welfare by regulating junk dealers,
refuse and garbage haulers, and salvage dealers and to assure
compliance with all applicable Ordinances of the City of Muscatine.
5-10-2 Scope. The scope of this Chapter shall encompass all
land within the Corporate Limits of the City of Muscatine and any
future land annexed thereto. The regulations of this Chapter shall
apply to all person(s) who actively pursue a livelihood by
collecting, salvaging, distributing, or processing any junk, refuse,
or garbage as defined in Title 9, Chapter 3 and Title 10, Chapter 23
of this Code and applies to all salvage, refuse, or junk dealers,
whether new or existing.
5-10-3 License Required. All junk, salvage, or refuse dealers
shall apply for an annual license to operate their business.
Application forms must be signed by the appropriate City Officials
indicating that the salvage or junk yard complies with all
applicable Ordinances and regulations for the City of Muscatine.
The completed application shall then be returned to the City Clerk and
an annual license fee in accordance with Title 5, Chapter 15 shall
be paid. Upon receipt of the completed application and fee, the City
Clerk shall issue the annual license. All annual licenses shall be
renewed prior to January 1st of each calendar year or such license
will become null and void.
5-10-4 Screening. All owners of salvage or junk yards shall
- 193 -
within one (1) year of the effective date of this Ordinance, screen
all parts of their salvage or junk yards which are visible from
any public thoroughfare by plantings, fencing, or other opaque
materials to a height not exceeding eight feet (8'), except
natural plantings may exceed eight feet (8').
5-10-5 Collection Vehicles License. All trucks used for the
business of hauling salvage, junk, refuse, or garbage shall be
licensed annually by the City of Muscatine and shall pay a fee
for each vehicle in accordance with Title 5, Chapter 15 of the
City Code. Annual licenses shall be renewed prior to January 1st
of each calendar year, and shall be retained at all times in the
vehicle for which it is issued.
Prior to the issuance of a license for each vehicle, the owner
must certify the following and provide proof of the same if
requested by the City, and the City may inspect the vehicle if it
deems necessary:
(A) Vehicle is owned or leased by applicant.
(B) Vehicle is properly identified with paint or decal indicating
the name of the company or individual owning or operating
such truck.
(C) Vehicle has been properly inspected in accordance with the
laws of Iowa to assure such vehicle is safe.
(D) Vehicle is properly equipped with a safe and watertight
compactor or dump box which is adequate and safe to transfer
any salvage, refuse, garbage, or junk without spilling such
upon the public streets or endanger the general safety of the
public.
5-10-6 Disposal. All salvage, refuse, garbage, or junk must
be disposed of in accordance with Title 9, Chapter 6 of the City
Code.
5-10-7 Violation. Any owner of a salvage or junk yard or
refuse or garbage collector who shall fail to license their
businesses or vehicles, renew their license, or operate in violation
of any other City, State, or Federal Law are guilty of a simple
misdemeanor and shall be subject to a fine not to exceed one hundred
dollars ($100.00) or thirty (30) days in jail.
5-10-4
5-10-7
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5-11-1
5-11-1
TITLE 5 BUSINESS REGULATIONS
CHAPTER 11
MASSAGE ESTABLISHMENTS AND TECHNICIANS
SECTIONS:
5-11-1 Definitions
5-11-2 Compliance with Chapter Required
5-11-3 Exemptions
5-11-4 Licenses for Massage Business
5-11-5 Denial, Suspension, or Revocation of License
5-11-6 Massage Technician License
5-11-7 Denial, Suspension, or Revocation of Massage Technician Licenses
5-11-8 Health Standards
5-11-9 Unlawful Acts
5-11-1 Definitions.
(A) "Massage or massage service" means any method of treating the external parts of
the body, consisting of rubbing, stroking, kneading, tapping, or vibrating; such
treatments being performed by the hand or any other body parts, or by any
mechanical or electrical instrument.
(B) "Massage establishment" means any establishment having a fixed place of business
where any person, firm, association, or corporation engages in or carries on or
permits to be engaged in or carried on any of the activities mentioned in Section
(A) and Section (C) of this Chapter. Any establishment engaged in or carrying on, or
permitting any combination of massage and bath house shall be deemed a
massage establishment.
(C) "Public bath house" means any place, including a private club or organization,
wherein any person, firm, association, corporation, or partnership engages in,
conducts or carries on or permits to be engaged in, conducted, or carried on, the
business of giving or furnishing Russian, Finnish, Swedish, hot air, vapor, electric
cabinet, steam, mineral, sweat, sale, Japanese, sauna, fomentation, orelectricbaths or
baths of any kind whatever, excluding ordinary tub baths where an attendant is
not used or required.
- 195 -
(D) "Massage technician" means any person, including a trainee, who engages in the
business of performing massage services on or for other persons by use of any or
all of the treatments, techniques, or methods of treatment referred to in the
definition of massage or massage service.
(E) "Massage patron" means any person who receives or pays to receive a massage or
massage services from a massage technician for value.
(F) "Applicant" means any person applying for a license to operate or conduct a
massage business and in addition thereto shall include all partners in a partnership
and all stockholders of a corporation where the controlling interest of the
corporation is held by five (5) or less persons of legal entities.
(G) "Accredited school" means any school which furnishes a certified statement of
courses offered, including anatomy and physiology, and is accredited by the
American Massage and Therapy Association, which provides for not less than 1,000
hours of instruction and which shall furnish a certificate or diploma of successful
completion of such course of study or learning.
(H) "Licensee" means the operator of a massage establishment.
5-11-2 Compliance with Chapter Required. No person, firm, or corporation shall
operate, own, conduct, carry on, or permit to be operated, owned, conducted, or carried
on any massage establishment of any type or kind including, but not limited to massage
parlor, massage service business, or any massage business or service offered in
conjunction with or as part of any health club, health spa, resort, health resort,
gymnasium, athletic club, or other business, without compliance with the provisions of
this Chapter. No person shall perform the services, duties, or work of a massage
technician except in compliance with the provisions of this Chapter.
5-11-3 Exemptions. The following persons and institutions are excluded from the
operation of this Chapter:
(A)
Persons licensed by the State of Iowa under the provisions of Chapters 148,
148A, 148B, 148C, 148D, 149, 150, 150A, 151, 152, 152A, 152B, 152C, 153, 157, or
158 of the Iowa Code, when performing massage therapy or massage services as
part of the profession or trade for which licensed.
5-11-1
5-11-3
- 196 -
8/19/93 85249
(B) Persons performing massage therapy or massage services under
the direct supervision of a person licensed as described in
paragraph (A) hereinabove.
(C) Persons performing massage therapy or massage services upon a
person pursuant to the written instruction or order of a
licensed physician.
(D) Nurses' aides, technicians, and attendants at any hospital or
health care facility, licensed pursuant to Chapters 135B, 135C,
or 145A of the Iowa Code, in the course of their employment and
under the supervision of the administrator thereof or of a
person licensed as described in paragraph (A) hereinabove.
(E) An athletic coach or trainer in any accredited public or
private school, junior college, college, or university, or
employed by a professional or semi-professional athletic team
or organization in the course of his employment as such
coach or trainer.
(F) Non-profit corporations or associations.
5-11-4 Licenses for Massage Business.
(A) No person, firm, or corporation shall operate, own, conduct,
carry on, or permit to be operated, owned, conducted, or
carried on any massage business in the City unless the premises
at which such business is located meet the minimum standards
set forth in this Chapter and unless a license to operate a
massage establishment is obtained from the City in compliance
with the provisions of this Chapter and Title 5, Chapter 15 of
the City Code.
(B) Application Procedures. Any person, firm, or corporation seeking
a license to operate a massage establishment shall make an
application for a massage establishment license and shall refer
the application to the Building Inspection Department, the Fire
Department, and the Public Health Department, which shall
inspect the premises proposed to be operated as a massage
establishment and shall make written recommendations to the City
Clerk concerning compliance with the codes that they administer.
The Clerk shall also refer the application to the Police
Department.
(C) Application Contents. The application shall contain the
following:
1. The full name, address, and social security number of the
applicant.
5-11-3
5-11-4
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5-11-4
5-11-4
2. The full name of the business and the address of the
premises for which the application is being made.
3. The criminal record of the applicant, if any.
4. Written proof that the applicant is at least 18 years of
age.
5. The type 'of business entity, such as sole proprietorship,
partnership, or corporation and, in the case of a cor-
poration, the names and addresses of all officers and
directors of the corporation.
6. Applicants must furnish a diploma or certificate of
graduation from an accredited school or other institution of
learning wherein the method, profession, and work of
massage is taught, provided; however, that if the
applicant will have no physical contact with his customer or
clients, he need not possess such diploma or certificate of
graduation from a recognized school or other institution of
learning wherein the method, profession, and work of massage
is taught.
7. All information required herein of any applicant shall
also be provided for every person who, directly or
indirectly, has any right to participate in the manage-
ment or control of the business to be conducted at the
premises of the proposed massage establishment.
8. The name and address of the owner of the building where
such massage business will be located.
9. Certified copies of any lease or rental agreement governing
the applicant's rights in said building.
10. The signature of the applicant or applicants or, if the
application is in the name of a corporation, the signa-
ture of each officer of the corporation.
(D) License Fees. A nonrefundable fee shall be charged for
massage establishment licenses in accordance with Title 5,
Chapter 15 of the City Code.
(E) Issuance of License. The building, fire, health, and police
departments shall make written reports of their investigations
and shall submit such reports to the City Clerk within forty-
five (45) days of the date of the application. The City
Clerk shall issue a license if all requirements for a massage
establishment described in this Chapter are met and shall
- 198 -
issue a license to all persons who apply to perform massage
services unless he finds:
1. That the operator as proposed by the applicant, if per-
mitted, would not have complied with all applicable laws,
including, but not limited to, the Building, City Zoning,
Housing, and Fire Codes of the City of Muscatine or
regulations adopted by the Health Department.
2. That the applicant and any other person who will be
directly engaged in the management and operation of a
massage establishment has been convicted of any of the
following offenses or convicted of an offense outside
of the State of Iowa that would have constituted any of
the following offenses if committed within the State of
Iowa:
(a) An offense involving the use of force and violence
upon the person of another that amounts to a felony.
(b) An offense involving sexual misconduct with children.
(c) An offense as defined in Chapters 698, 699, 704,
705, and 724 of the 1977 Code of Iowa.
The City Clerk shall issue a permit to any person convicted
of any of the crimes described in section (E)2 of this Section
if he finds that such conviction occurred at least five (5)
years prior to the date of the application and the applicant has
had no subsequent felony convictions of any nature and no
subsequent misdemeanor convictions for crimes mentioned in
this Section.
In the event that the City Clerk determines that the applicant
has not fully complied with all the requirements of this
Chapter, then the City Clerk shall, after consultation with
the Legal Department, advise the City Council of the basis
for questioning the applicant's qualifications, and the
procedures for notice and hearing as set forth in Section 5-11-
5(B) of this Chapter shall apply before the license shall be
issued.
(F) Separate License for each Place of Business. Each massage
business shall have a separate license for each place of
business, which shall be valid only for the business conducted
at that location.
(G) License to be Displayed. Each massage business shall display
its license conspicuously in the lobby or waiting room area
5-11-4
5-11-4
- 199 -
where such license may be readily observed by all
persons entering such premise.
(H) Sale or Transfer. No massage establishment license shall
be sold or transferred. The purchase or purchases of any
massage business or of the majority of the stock of any
corporation operating a massage business shall obtain a
new license before operating such business at the location
for which the license has been issued.
5-11-5 Denial, Suspension, or Revocation of License.
(A) Grounds. The massage establishment license of any such
applicant or licensee may be denied, suspended, or revoked
for violation of the provisions of this Chapter; for
failure to comply with applicable fire regulations,
building regulations, or health ordinances; for permitting
massage technicians, who are either employed by the
licensee or who are allowed by the licensee to perform
the services or work of a massage technician upon the
premises of the licensee, to violate the provisions of
this Chapter; or if it is found that the applicant has
falsified an application.
(B) In the event the City Clerk is appraised of information
indicating that grounds for denial, suspension, or
revocation of a massage establishment may exist, he or
she shall cause an investigation of such grounds to be
made by the appropriate city department or departments,
and after consultation with the Legal Department, shall
advise the City Council in writing of the results of the
investigation. If the City Council determines that the
report reveals the probable existence of grounds for
suspension or revocation, it shall direct written notice
by ordinary mail to the licensee named on the application
at the massage establishment address informing such
person of the intention to hold a public hearing on the
question of whether such license should be denied,
suspended, or revoked, the grounds therefor, and the
date and time of said hearing. Upon said hearing, if the
City Council shall determine that such cause does exist,
1. If the determination is the first such for that
licensee, it may withhold action on an application
for one month from the date of hearing or suspend an
existing license for up to one month, and thereupon
such licensee shall cease massage business at that
location or at any other location for the period of
suspension.
5-11-4
5-11-5
- 200 -
2. If the determination is the second such for that
licensee or if the City Council finds against the
applicant or
licensee on two or more grounds at such hearing, it
may deny an application or revoke an existing
license at
that location, and in either event, no massage
establishment license shall issue nor shall such
business be conducted at that location for a period
of one year, nor shall the licensee be permitted to
conduct such business in the City for that period.
5-11-6 Massage Technician License.
(A) License Required. No person shall perform the
services, duties, or work of a massage technician without
first receiving a massage technician license from the
City Clerk. Such license shall not be required for the
owner of a licensed massage establishment who performs the
services, duties, or work of a massage technician in his or
her own establishment, provided such person provides the
information required in subsections (C)5 and (C)7
hereof on the application for massage establishment
license and states that such owner will be a massage
technician at such establishment.
(B) Application Procedures. Any person seeking a massage
technician license shall apply to the City Clerk. The
City Clerk shall cause an investigation of such
applicant by the Police Department to determine if such
person has a criminal record.
(C) Application Contents. The application shall contain
the following information:
1. The full name, address, age, and social security
number of the applicant.
2. The criminal record of the applicant, if any.
3. Written proof that the applicant is at least
eighteen (18) years of age.
4. The name of a licensed massage establishment where
the applicant will be employed.
5. The name and address of the accredited school
attended, the date attended, and a copy of the diploma
or certificate of graduation awarded indicating the
applicant has completed not less than 1,000 hours of
instruction.
6. A statement that the contents of the application
5-11-5
5-11-6
are true.
- 201 -
5-11-6
5-11-6
7. A certificate issued by a licensed physician stating
that the applicant is free from communicable diseases
and venereal diseases, such as syphilis and gonorrhea,
executed within one week preceding the date of the
application.
(D) Issuance of the License. The Police Department shall make a
written report of its investigation to the City Clerk within
thirty (30) days of the date of the application. The City Clerk
shall, upon presentation of the certificate described in
subsection (C)7 hereinabove, issue a temporary massage
technician permit to the applicant if the application is
otherwise proper and pending receipt of the written police
report. Upon receipt of the police report and the certificate,
the City Clerk shall approve the application if the applicant
has fully complied with all the requirements of this
Chapter, and the City Clerk shall thereupon issue a permanent
massage technician license to the applicant. The permanent
license shall expire one year from the date of issuance. In the
event that the City Clerk determines that the applicant for a
new or renewal license has not fully complied with all of the
requirements of this Chapter, or has falsified his or her
application or has been convicted of any of the following:
1. An offense involving the use of force and violence on the
person of another that amounts to a felony.
2. An offense involving sexual misconduct with children.
3. An offense as defined under Chapters 698, 699, 704, 705, and
724 of the 1977 Code of Iowa; provided, however, that the
City Clerk may issue a permit to any person convicted of any
crimes described in subsection (D)1, (D)2, or (D)3 of this
Section if he finds that such conviction occurred at least
five (5) years prior to the date of the application and the
applicant has had no subsequent felony convictions of any
nature and no subsequent misdemeanor convictions for crimes
mentioned in this Section.
Then the City Clerk shall, after consultation with the Legal
Department, advise the City Council of the basis for
questioning the applicant's qualifications, and the procedures
for notice and hearing as set forth in Section 5-11-7(B) of
this Chapter shall apply before the permanent license shall
issue.
(E) License Valid Only for Establishment Listed on the Application.
The massage technician license, when issued, shall be valid
- 202 -
only for the massage establishment listed on the application. A
massage technician changing place of employment shall have his
or her license amended by the permit clerk to show that the
establishment proposing such employment holds a valid massage
establishment license before commencing work for the new
employer.
(F) License to be Kept at Place of Employment. All massage
technicians having licenses issued pursuant to this Chapter
shall keep said licenses at their place of employment as
massage technicians.
(G) License Fees. The license fee for a massage technician license
shall be in accordance with Title 5, Chapter 15 of the City
Code.
5-11-7 Denial, Suspension, or Revocation of Massage Technician
Licenses.
(A) Grounds for Denial, Suspension, or Revocation. A massage
technician license may be denied, suspended, or revoked for
any violation of this Chapter, including but not limited to
the failure to comply with new or renewal procedures, a
finding of criminal offenses, or falsification of new or
renewal applications.
(B) Denial, Suspension, or Revocation Proceedings. The City
Clerk shall, upon receipt of information alleging that grounds
exist to deny, suspend, or revoke the massage technician
license of any applicant or licensee under this subchapter and
after consultation with the Legal Department, report the
circumstances to the City Council, which in such case shall
cause a notice to be sent by ordinary mail to the applicant or
licensee, which notice shall state that a denial, suspension, or
revocation hearing has been set before the City Council; the
grounds for the proposed denial, suspension, or revocation;
the date and time of the hearing; and the place where the
hearing will be conducted. Upon such hearing, if the City
Council shall determine that one or more of such grounds do
exist, it may deny an application or suspend or revoke an
existing license. In the event such license is revoked, no
massage technician license shall issue to that licensee for a
period of one year.
5-11-8 Health Standards.
(A) No massage establishment shall be established, maintained,
or operated in the City that does not conform or comply with
the following standards:
5-11-6
5-11-8
- 203 -
5-11-8
5-11-8
1. Each room or enclosure where massage services are per-
formed on patrons shall be provided with a minimum of
eight foot (8') candles as measured four feet (4') above
the floor.
2. The premises shall have adequate equipment for disin-
fecting and cleaning non-disposable instruments and
materials used in administering massage services. Such
material's and instruments shall be cleaned after each
use.
3. Hot and cold running water shall be provided at all
times.
4. Closed cabinets shall be provided and used for the
storage of all equipment, supplies, and clean linens. All
used disposable materials and soiled linens and
towels shall be kept in covered containers or cabinets,
which containers or cabinets shall be kept separate from
clean storage cabinets.
5. Clean linen and towels shall be provided for each
massage patron. No common use of towels or linens shall
be permitted.
6. All massage tables, bathtubs, shower stalls, sauna baths,
steam or bath areas, and all floors shall have surfaces
which may be readily cleaned.
7. Oils, creams, lotions, or other preparations used in
administering massages shall be kept in clean containers
or cabinets.
8. Adequate bathing, dressing, locker, and toilet facilities
shall be provided for all patrons served at any given
time. In the event male and female patrons are to be served
simultaneously, separate bathing, dressing, locker, toilet,
and massage room facilities shall be provided.
9. All walls, ceilings, floors, pools, showers, bathtubs,
steam rooms, and all other physical facilities shall be
in good repair and maintained in a clean and sanitary
condition. Wet and dry heat rooms, steam or vapor rooms,
steam or vapor cabinets, shower compartments, and
toilet rooms shall be thoroughly cleaned each day the
business is in operation. Bathtubs shall be thoroughly
cleaned after each use.
10. Each massage technician shall wash his or her hands in
- 204 -
hot running water using soap or disinfectant before and
after administering a massage to each patron.
11. The premises shall be equipped with a service sink for
custodial services, which sink shall be located in a
janitorial room or custodial room separate from massage
service rooms.
12. No person shall consume food or beverages in massage
work areas.
13. Animals, except for seeing eye dogs, shall not be
permitted in massage establishments.
14. All massage establishments shall continuously comply with
all applicable building, fire, or health ordinances and
regulations.
(B) No massage technician shall administer a massage:
1. If said massage technician believes, knows, or should
know that he or she is not free of any contagious or
communicable disease or infection.
2. To any massage patron exhibiting any skin fungus, skin
infection, skin inflammation, or skin eruption; provided,
however, that a physician duly licensed to practice in the
State of Iowa may certify that such person may be safely
massaged prescribing the condition therefor.
3. To any person who is not free of communicable disease or
infection or whom the massage technician believes or has
reason to believe is not free of communicable disease or
infection.
5-11-9 Unlawful Acts.
(A) It shall be unlawful for any person in a massage establish-
ment to place his or her hand or hands upon, to touch with
any part of his or her body, to fondle in any manner, or to
massage a sexual or genital part of any other person.
(B) It shall be unlawful for any massage technician, while in the
presence of any other person in a massage establishment, to
fail to conceal with a fully opaque covering the sexual or
genital parts of his or her body.
(C) It shall be unlawful for massages to be administered to massage
5-11-8
5-11-9
- 205 -
patrons of different sexes in the same room or enclosure at
the same time.
(D) It shall be unlawful for any person owning, operating, or
managing a massage establishment knowingly to cause, allow,
or permit in or about such massage establishments any
agent, employee, or any other person under his control to
perform such acts prohibited in subsections (A), (B), (C),
and (D) of this Section.
(E) For the purposes of this Section, the following words shall
have the meaning assigned below:
"Sexual or genital parts" shall include the genitals,
pubic area, buttocks, anus, or perineum of any person,
or the vulva or breasts of a female.
(F) Every person owning, operating, or managing a massage esta-
blishment shall post a copy of this Section in a conspicuous
place in the massage establishment so that it may be readily
seen by persons entering the premises.
5-11-9
5-11-9
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5-12-1
5-12-4
TITLE 5 BUSINESS REGULATIONS
CHAPTER 12
PARADES
SECTIONS:
5-12-1
5-12-2
5-12-3
5-12-4
Permit
Conditions of Permit
Unauthorized Entry into Parades
Insurance
5-12-1 Permit. No parade or procession, other than a funeral
procession, except the armed forces of the United States, the
military forces of the State of Iowa, and the forces of the Police
and Fire Departments, shall occupy, march, or proceed along any
street, except in accordance with a permit issued in accordance
with Title 5, Chapter 15 of the City Code.
5-12-2 Conditions of Permit. The permit required in Section 5-
12-1 of this Chapter shall be issued only upon the approval of the
Chief of Police and shall state the route to be followed and shall
be subject to any conditions which the Chief of Police deems
necessary to protect the safety of persons and property.
5-12-3 Unauthorized Entry into Parades. No person shall enter
or become a part of any parade or procession without express
permission of the permittee.
5-12-4 Insurance. Before a permit can be issued , the
individual or organization requesting the parade permit must provide a
certificate of insurance in accordance with Title 5, Chapter 15 of
the City Code.
- 207 -
5-13-1
5-13-6
TITLE 5 BUSINESS REGULATIONS
CHAPTER 13
PAWNBROKERS
SECTIONS:
5-13-1
5-13-2
5-13-3
5-13-4
5-13-5
5-13-6
5-13-7
5-13-8
5-13-9
5-13-10
License Required
License Fees
License; Expiration Date
Bond
Transfer of License
Dealing with Minors
Books to be Kept
Inspection of Books
Memorandum Required
Sales by Pawnbrokers
5-13-1 License Required. No person shall carry on business
as a pawnbroker, who shall not have first procured a license there-
for in accordance with Title 5, Chapter 15 of the City Code and
complied with the requirements of this Chapter.
5-13-2 License Fees. The fee for a pawnbroker's license
as required by the preceding Section shall be paid in accordance
with Title 5, Chapter 15 of the City Code.
5-13-3 License; Expiration Date. The license required by
Section 5-13-1 of this Code, obtained from the City, shall expire
on December thirty-first (31) after its issuance.
5-13-4 Bond. Every person applying for a license as a pawn-
broker shall, at the time of receiving the same, execute a bond to
the City in accordance with Title 5, Chapter 15 of the City
Code. Any person aggrieved by the acts of any pawnbroker may sue
upon such bond and recover such damages as he shows himself
entitled to.
5-13-5 Transfer of License. No license as required by Section 5-
13-1 of this Code shall be assignable or transferable.
5-13-6 Dealing with Minors. No pawnbroker shall purchase
or receive in pawn any article or property from a minor without
- 208 -
the written consent of his parents or guardian.
5-13-7 Books to be Kept. Every pawnbroker shall keep a book
in which shall be fairly written, at the time of such loan or
purchase, an accurate account and description of the goods,
articles, or things pawned or bought; the amount of money loaned
thereon or paid therefor; the time of pledging or buying the same;
the name of the person pawning or selling the goods, articles or
things; and if pledged, the rate of interest to be paid on such loan
and the time when the loan becomes payable.
5-13-8 Inspection of Books. The books of any pawnbroker,
required to be kept by the preceding Section, shall, at all reason-
able times be open to the inspection of the Chief of Police, to any
person who shall be duly authorized in writing for that purpose, or
by either of them.
5-13-9 Memorandum Required. Every pawnbroker shall, at the
time of each loan or purchase, deliver to the person pawning any
article of goods a memorandum or note signed by him, containing the
substance of the entry required to be made in his notebook. No
charge shall be made for such entry, memorandum, or note.
5-13-10 Sales by Pawnbrokers. No pawnbroker shall sell any
pawn or pledge until the same shall have remained two (2) months in
his possession after the payment of the amount loaned becomes due.
5-13-6
5-13-10
- 209 -
5-14-1
5-14-1
TITLE 5 BUSINESS REGULATIONS
CHAPTER 14
PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
SECTIONS:
5-14-1
Definitions
5-14-2
License and Fee Required
5-14-3
Religious and Charitable Organizations Exempt
5-14-4
Application for License
5-14-5
Issuance of License
5-14-6
Bond Required
5-14-7
Display of License
5-14-8
License Not Transferable
5-14-9
Revocation of License
5-14-10
Expiration of License
5-14-11
Penalty
5-14-12
Local Resident Businesses
5-14-1 Definitions. For use in this Ordinance, the following terms are defined:
(A) "Peddler" shall mean any person carrying goods or merchandise who sells or offers for
sale for immediate delivery such goods or merchandise from house-to-house or upon
public streets or public property. Peddlers shall include itinerant merchants who
conduct sales on private property, with permission of the owner, such as meat, fish,
and plant peddlers.
(B) "Solicitor" shall mean any person who solicits or attempts to solicit from house-
to-house or upon the public street an order for goods, subscriptions, or
merchandise to be delivered at a future date.
(C) "Transient merchant" shall mean any person, firm, or corporation who engages in a
temporary, two (2) month's or less, itinerant merchandising business and in the
course of such business hires, leases, or occupies any building or structure
whatsoever. Temporary association with a local merchant, dealer, trader, or
auctioneer, or conduct of such transient business local merchant, dealer, trader, or
auctioneer shall not exempt any person, firm, or corporation from being considered a
transient merchant.
- 210 -
5/7/92 84881
5-14-2 License and Fee Required. Any person engaging in peddling, soliciting, or
in the business of a transient merchant in the City shall first obtain a license and pay a
fee in accordance with Title 5, Chapter 15 of the City Code.
5-14-3 Religious, Charitable, and Non-Profit Organizations Exempt. Authorized
representatives of religious, charitable and non-profit organizations desiring to solicit
money or to distribute literature shall be required to submit in writing to the City Clerk
the name and purpose of the cause for which such activities are sought; names and
addresses of the officers and directors of the organization; the period during which such
activities are to be carried on; and whether any commissions, fees, or wages are to be
charged by the solicitor for his efforts and the amount thereof.
If the City Clerk shall find that the organization is a bona fide religious, charitable, or
non-profit organization, he shall issue, free of charge, a license containing the above
information to the applicant.
5-14-4 Application for License. An application in writing shall be filed with the
City Clerk for a license under this Ordinance. Such application shall set forth the
applicant's name, permanent and local address, business address, if any, physical
description, and if required by the City Clerk, a recent photograph and right thumb print.
The application also shall set forth the applicant's employer, if any, and the employer's
address, the nature of the applicant's business, the last three (3) places of such business,
and the length of time sought to be covered by the license. Any individual involved in
peddling anything to be used as food shall submit to the City Clerk, for examination, a
medical certificate to the effect that the holder is free from all communicable disease and
infectious disease in communicable form and is not a carrier of any such disease before a
license can be issued.
A company may apply for a license under this Chapter, provided the information
required above for each individual employee is included in the application.
5-14-5 Issuance of License. If the City Clerk finds the application is made out in
conformance with Section 5-14-4 of this Ordinance and the facts stated therein are
correct, he shall issue, upon posting of bond as required by section 5-14-6 of this
Ordinance, a license and charge a fee therefor as determined by Title 5, Chapter 15 of
the City Code.
5-14-6 Bond Required. Before a license under this Ordinance shall be issued, each
applicant shall post a bond with the City in accordance with the provisions of Title 5,
Chapter 15 of the City Code.
5-14-2
5-14-6
- 211 -
5/7/92 84881
5-14-7 Display of License. Each solicitor or peddler shall at all times while doing
business in this City keep in his possession the license provided for in this Ordinance, and
shall, upon the request of prospective customers, exhibit the license as evidence that he
has complied with all requirements of this Ordinance. Each transient merchant shall
display publicly his license in his place of business.
5-14-8 License not Transferable. Licenses issued under the provisions of this
Ordinance are not transferable in any situation and are to be applicable only to the
person filing the application.
5-14-9 Revocation of License. The City Council may revoke any license issued
under this Ordinance where the licensee in the application for the license or in the
course of conducting his business has made fraudulent or incorrect statements, has
violated this Ordinance, or has otherwise conducted his business in an unlawful manner.
5-14-10 Expiration of License. All licenses granted under this Ordinance shall
expire at twelve o'clock (12:00) midnight of the last day for which the license is issued.
5-14-11 Penalty. Anyone violating any of the provisions of this Ordinance shall,
upon conviction, be subject to imprisonment not exceeding thirty (30) days, or a fine not
exceeding one hundred dollars ($100.00). Each day that a violation continues to exist
shall constitute a separate offense.
5-14-12 Local Resident Businesses. Local resident businesses which would
otherwise be subject to the provisions of this chapter shall apply for the license as
required provided that if the City Clerk finds that the applicant is a bona fide local
resident business, the City Clerk may issue the license. Local resident businesses shall
pay an annual fee of $20.00, furnish a certificate of insurance with the City named as an
additional insured if sales are to take place on city property and shall be exempt from
furnishing a bond as required by this chapter. The application shall also contain a
description of the area(s) where the sales are to take place which is subject to the
approval of the City. Approval for the area(s) where the sales are to take place will be
granted or denied within one working day after submission of the application. All other
rules and regulations pertaining to the type of business to be conducted shall be met by
the applicant.
5-14-7
5-14-12
- 212 -
5/7/92 84881
TITLE 5 BUSINESS REGULATIONS
CHAPTER 15
PERMITS, LICENSES, BONDS FEES
SECTIONS:
5-15-1
Purpose
5-15-2
Schedule
5-15-1 Purpose. The purpose of this Chapter is to consolidate into one Chapter all
permits and licenses required in the various Chapters of the City Code for easy reference. It
is further the purpose of this Chapter to establish the schedule of fees, and when
required, bonds and insurance limits for all licenses and permits.
5-15-2 Schedule. No license or permit shall be issued to any person under this
Code until such person has paid to the City Clerk or other officer specified in this Code
the fee required by this Chapter, or has qualified as being within one or more exceptions to
such requirements as set forth in this Code; and no license or permit shall be issued to any
person under any provision of this Code, until such person shall have filed with the City
Clerk the bond therefore and evidence of insurance, if any be required, in the
amount set forth in the attached schedule. The fee for a permit, license, filing or bond
required by this Chapter may be changed or modified by resolution adopted by the City
Council.
5-15-1
5-15-2
- 213 -
5/9/03 88691-0503
Fees
Permits(P)/ License(L)
Code
Section
Location
Each
Daily
Weekly
Monthly
Annually
Bond
Insurance
Beer (P)
5-3-5
Clerk
As Per State
Code
As Per State Code
Beverage Vending Machine (L)
9-1-4
Health
Officer
As Per State
Code
None
None
Bicycles (L)
7-3-1
Police
Dept
$1
None
None
Billiards Table (L)
5-5-1
Clerk
$17
None
None
Bill Posting (L)
5-4-1
Clerk
$5
$10
$25
$100
None
None
Bowling Alleys (L)
5-5-1
Clerk
$ 11/Lane
None
None
Building Demolitions (P)
8-2-1
Bldg
Dept
Use Bldg Permit
Schedule I(A)
-Based on cost
of demolition
$5,000
GL 500,000 B.I.
100,000 P.D.
(500,000 CSL)
Auto
250,000/500,00
0 B.I. 100,000
P.D. (500,000
CSL) WC
Statutory
Building Movers (P)
8-8-1
Bldg
Dept
Use Bldg Permit
Schedule I(A)
-Based on cost
of moving
$5,000
GL 500,000 B.I.
100,000 P.D.
(500,000 CSL)
Auto
250,000/500,00
0 B.I. 100,000
P.D. (500,000
CSL) WC
Statutory
Building Moving (P)
8-8-4
Bldg
Dept
Use Bldg Permit
Schedule I(A)
-Based on cost
of moving
Building (P)
8-1-3
Bldg
Dept
Use Schedule
I(A)
None
None
Permits(P)/ License(L)
Code Section
Location
Each
Daily
Weekly
Fees
Monthly
Annually
Bond
Insurance
Carnivals (P)
5-7-3
Clerk
$220
$5,000
GL 1,000,000
B.I. 100,000
P.D. (1,000,000
CSL) Auto
250,000/500,000
B.I. 100,000
P.D. (500,000
CSL) WC
Statutory
Cigarettes (L)
5-6-2
Clerk
As Per State Code
None
None
Circus (L)
5-7-1
Clerk
$220
(Non-Profit Sponsor $110)
$5,000
GL 1,000,000
B.I. 100,000
P.D. (1,000,000
CSL) Auto
250,000/500,000
B.I. 100,000
P.D. (500,000
CSL) WC
Statutory
Conditional Use
10-21-1
Bldg Dept
$100
None
None
Curb Cuts
3-3-19
Bldg Dept
$10
$5,000
GL 100,000 B.I.
$25,000 P.D.
(100,000 CSL)
Dancing
5-3-6
Clerk
$30
None
None
Electrical (P)
8-3-6
Bldg Dept
Use Schedule I(B)
None
None
Electrician, General (L)
8-3-9
Bldg Dept
$50 (Examination)
$50 (Initial)
$100 (Annual)
GL 500,000
Permits(P)/ License(L)
Code
Section
Location
Each
Daily
Weekly
Fees
Monthly Annually
Bond
Insurance
Electrician,
Restricted
Residential (L)
8-3-9
Bldg Dept
$50 (Examination)
$30 (Initial)
$80 (Annual)
GL 200,000
Electrical, Certificate of
Competency
8-3-9
Bldg Dept
$25 (Examination)
$15 (Initial)
$40 (Annual)
None
Excavation
3-3-3
Bldg Dept
$10
$5,000
GL 100,000
B.I.
25,000 P.D.
(100,000 CSL)
Food Vending Machine (L) 9-1-4
Health
Officer
As Per State Code
None
None
Food Establishments (L)
9-1-4
Health
Officer
As Per State Code
None
None
Gaming Tables (L)
5-5-1
Clerk
$17
None
None
Garbage Haulers (L)
5-10-3 & 5
Clerk
$50
$10/Truck
$5,000
GL 100,000
B.I.
25,000 P.D.
(100,000 CSL)
Auto
250,000/
500,000 B.I.
50,000 P.D.
(500,000CSL)
WC
Statutory
Hotels (L)
9-1-4
Health
Officer
As Per State Code
None
None
Housing Rental (P)
8-5-4
Bldg Dept
$ 15 1st
Inspection
$20 Call Back
None
None
Juke Boxes (L)
5/1/2001
Clerk
$25
None
None
Permits(P)/ License(L)
Code
Section
Location
Each
Daily Weekly
Fees
Monthly Annually
Bond
Insurance
Junk Dealers (L)
5-10-3 & 5
Bldg Dept
$50 $10/truck
$5,000
GL 100,000
B.I.
25,000 P.D.
(100,000 CSL)
Auto
250,000/
500,000 B.I.
50,000 P.D.
WC
Statutory
Levee Use or Imp. (P)
3-4-1
Bldg Dept
Depends on Use
Depends on Use
Liquor (L)
5-3-6
Clerk
As Per State Code
As Per State Code
Massage Establishments (L) 5-11-4
Clerk
$100 (3 Rooms or Less)
$150 (3 Rooms or More)
None
Message Technician (L)
5-11-6
$25
None
Mechanical (P)
8-7-4
Bldg Dept
Use Schedule I(C)
None
None
Motels (L)
9-1-4
Health
Officer
As Per State Code
None
None
Parades (P)
5-12-1
Clerk
$30 (Non-Profit Exempt)
None
GL 500,000
B.I.
50,000 P.D.
(500,000 CSL)
Parks (Special Use) (P)
3-6-7
Parks Dept Depends on Use
Depends on Use
Pawnbroker (L)
5-13-1
Clerk
$55
None
None
Peddlers (L)
5-14-2
Clerk
$15
$30
$40
$110
$1,000
None
Perculation Test
4-6-3
Bldg Dept
$65
None
None
Pinball Machines (L)
5-1-1
Clerk
$30
None
None
Plumbing (P)
8-9-4
Bldg Dept
Use Schedule I(D)
None
None
Permits(P)/ License(L)
Code
Section
Location
Each
Daily Weekly
Fees
Monthly Annually
Bond
Insurance
Plumbing (L)
8-9-5
Bldg Dept
$25
$10,000
GL 100,000
B.I.
25,000 P.D.
(100,000 CSL)
Pocket Billiards
5-1-1
Clerk
$15
None
None
Refuse Collector (L)
5-10-3 & 5
9-3-10(D)
Clerk
$50
$10/truck
$5,000
GL 100,000
B.I.
25,000 P.D.
(100,000 CSL)
Auto
250,000/
500,000 B.I.
50,000 P.D.
(500,000 CSL)
WC
Statutory
Restaurant (L)
9-1-4
Health
Officer
As Per State Code
None
None
Rezoning Request
10-22-7(B)
Bldg Dept
$100
None
None
Roller Skating Rink (L)
5-1-1
Clerk
$110
None
None
Salvage Dealers (L)
5-10-3 & 5
Clerk
$50
$10/truck
$5,000
GL 100,000
B.I.
25,000 P.D.
(100,000 CSL)
Auto
250,000/
500,000 B.I.
50,000 P.D.
(500,000 CSL)
WC
Statutory
Septic Tank (P)
4-6-3
Bldg Dept
$25
None
None
Sewer Repair-Tap (L)
4-6-2
Bldg Dept
$25
None
None
Shooting Gallery (L)
5-1-1
Clerk
$110
None
None
Permits(P)/ License(L)
Code
Section
Location
Each
Daily Weekly
Fees
Monthly Annually
Bond
Insurance
Sidewalk (New-Repair) (P)
3-7-1
Bldg Dept
None
$5,000
GL 100,000
B.I.
25,000 P.D.
(100,000 CSL)
Property
Owners
Exempt
Sign (P)
10-19-2
Bldg Dept
$10
None
GL 100,000
B.I.
25,000 P.D.
(100,000 CSL)
Soliciting
5-14-2
Clerk
$15
(Non-ProfitExempt)
None
None
Street Cut (P)
3-3-3
Bldg Dept
$10
$10,000
GL 100,000
B.I.
25,000 P.D.
(100,000 CSL)
Subdivision Review
11-1-2(D)
Bldg Dept
$100
None
None
Taxicabs
5-17-3
Clerk
$30/veh
$5,000
GL 100,000
B.I.
25,000 P.D.
(100,000 CSL)
Auto
250,000/
500,000 B.I.
100,000
Theaters (L)
5-1-1
Clerk
$110
None
None
Transient Merchant (L)
5-14-2
Clerk
$15
$30
$40
$110
None
None
Tree Planting, Removal or
Trimming
3-11-11(C)
Parks Dept None
$5,000
GL 100,000
B.I.
100,000
P.D.
(100,000 CSL)
Auto
250,000/
500,000 B.I.
50,000
P.D.
(500,000 CSL)
WC
Statutory
Property
Owners
Exempt
Permits(P)/ License(L)
Code
Section
Location
Each
Daily Weekly
Fees
Monthly Annually
Bond
Insurance
Tree Removal (L)
3-11-6
Parks Dept
$55
$5,000
GL 100,000
B.I.
100,000
P.D.
(100,000 CSL)
Auto
250,000/
500,000 B.I.
50,000
P.D.
(500,000 CSL)
WC
Statutory
Zoning Appeal
10-22-2(C)
Bldg Dept
$50
None
None
Zoning Variance
10-22-2(D)
Bldg Dept
$50
None
None
TITLE 5 BUSINESS REGULATIONS
CHAPTER 16
SALES ON CITY PROPERTY
SECTIONS:
5-16-1 Selling on City Property
5-16-2 Selling of Merchandise
5-16-3 Soliciting for Worthy Cause
5-16-1 Selling on City Property. No individual, company,
corporation, or organization shall sell any product or service
upon any city street, property, parks, or sidewalks without
receiving the proper approval of the City Council.
5-16-2 Selling of Merchandise. Local merchants and organ-
izations composed of local merchants may sell merchandise on City
owned property in conjunction with special promotional events
subject to the approval by the City Council. Requests to close
or use streets and sidewalks shall be reviewed by the Police Chief
and Fire Chief before such approval is granted.
5-16-3 Soliciting for Worthy Cause. Local civic, service,
educational, health, welfare, and similarly related organizations
may sell merchandise or solicit on City owned property upon
approval by the City Council.
5-16-1
5-16-3
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5-17-1
5-17-5
TITLE 5 BUSINESS REGULATIONS
CHAPTER 17
TAXICABS
SECTIONS:
5-17-1
5-17-2
5-17-3
5-17-4
5-17-5
5-17-6
Definition
Exemption
License and Fee
Required Insurance
Policy
Soliciting Passengers
Filing; Posting; Rate
5-17-1 Definition. Whenever the word "taxicab" is used in
this Chapter, it shall mean any vehicle used for the transpor-
tation of people for hire from one place to another within the
City.
5-17-2 Exemption. This Chapter shall not apply to any
transportation company operating upon designated routes or between
fixed terminals under an ordinance duly passed by the City.
5-17-3 License and Fee Required. No person shall engage
in the business of maintaining or operating any taxicabs without
first procuring from the Council a license and payment of the
fee as required in Title 5, Chapter 15 of the City Code.
5-17-4 Insurance Policy. Any person operating any taxicab
shall post and deposit with the Clerk an insurance policy issued
by an authorized company to do business in the state, and such
insurance policy shall be in accordance with Title 5, Chapter 15
of the City Code and shall be for each vehicle operated within the
City. The insurance policy shall insure to the benefit of any
person who shall suffer bodily injury or property damage or to his
estate should he be killed by reason of negligence or misconduct on
the part of the driver or operator of such vehicle.
5-17-5 Soliciting Passengers. It shall be unlawful for any
person operating any taxicab to accost, stop, or approach and
solicit any person to become a passenger in any such taxicab upon
any street, alley, or other public place within the City.
- 225 -
5-17-6 Filing; Posting; Rate Schedule. Any person operating
a taxicab shall file, with the application for a license, a schedule
of rates to be charged for the use of such taxicab. A copy of
this schedule of rates shall be posted in a conspicuous place in
each taxicab. Any changes to the rate structure during the term of
the license shall be submitted to the City Clerk's Office and filed
with the license.
5-17-6
5-17-6
- 226 -
TITLE 5 BUSINESS REGULATIONS
CHAPTER 18
CABLE TELEVISION SYSTEM
SECTIONS:
5-18-1
5-18-2
5-18-3
5-18-4
5-18-5
5-18-6
5-18-7
5-18-8
5-18-9
5-18-10
5-18-11
5-18-12
5-18-13
5-18-14
5-18-15
5-18-16
5-18-17
5-18-18
5-18-19
5-18-20
5-18-21
5-18-22
5-18-23
5-18-24
5-18-25
5-18-26
5-18-27
5-18-28
5-18-29
5-18-30
5-18-31
5-18-32
5-18-33
5-18-34
5-18-35
5-18-36
5-18-37
Purpose
Definitions
Length of Franchise
Conditions for Initial Franchise Validation
Renewal
Transfers and Assignments
Franchise Territory - Service Area
Evidence of Financial Capability
Initial Geographical Coverage
Extension of Service
Television Broadcast Signals
Education and Governmental Access Channels
Public Access Channels
Public Access Channel Facilities
Leased Access Channels
Additional Services
All Channels Emergency Alert
Subscriber Privacy
Underground & Overground Installation Requirements
Consumer Service Standards Record of
Complaints by Franchisee City Role in Complaints
Review Sessions
Triennial Review Sessions
Topics to be Reviewed
Services of Consultant Permitted
Rate Regulation
Rate Adjustments
Switching Device
Disconnection
Termination of Service
Unauthorized Connections or Modifications
Discriminatory or Preferential Practices
Refunds to Subscribers and Programmers
Public Service Installations
Other Business Activities
Franchise Fee
- 227 -
85597-0894
5-18-1
5-18-38 Construction and Operation Timetable
5-18-39 Right of Inspection of Construction
5-18-40 Technical Standards
5-18-41 New Developments
5-18-42 Communications with Regulatory Agencies
5-18-43 Annual Report
5-18-44 Security Fund and Performance Bond
5-18-45 Cancellation and Expiration
5-18-46 Enforcement
5-18-47 Indemnification
5-18-48 Insurance
5-18-49 Foreclosure
5-18-50 Receivership
5-18-51 Publication of Notice
5-18-52 Cost of Publication and Election
5-18-53 Transmission of Documents to City
5-18-54 Severability
5-18-55 Repealer
5-18-2
5-18-1 Purpose. The purpose of this Chapter is to specify
requirements for the establishment, construction, operation, and
maintenance of cable television in the City pursuant to Chapter
364, Code of Iowa and applicable federal law. If a new Applicant
submits a proposal acceptable to the City Council, meets the
requirements of this ordinance and those of the FCC, and receives a
majority of the votes cast in a franchise election, the City may
then proceed to enter into a non-exclusive franchise agreement with
such prospective Franchisee, subject to the provisions of the
Chapter. If the Incumbent Operator submits a proposal acceptable
under Section 626 of the Cable Act of 1984 as amended, and meets
the requirements of the FCC, the City shall proceed to fulfill its
obligations under Section 626 of the Cable Act of 1984.
5-18-2 Definitions.
(A) "Additional service" means a subscriber service not
included as part of basic service provided by the
Franchisee and for which a special charge is made based
on program, service content, or time of usage.
(B) "Applicant" shall mean a prospective Franchisee.
(C) "Basic service" means any service tier which includes the
retransmission of local television broadcast signals.
(D) "Broadcast signal" means a television or radio signal
emanating from an FCC licensed broadcast facility.
- 228 -
85597-0894
(E) "Cablecasting" means transmitting a nonbroadcast signal
by a Cable Television System.
(F) "Cable Television System" or "Cable System" or "System"
means a facility, consisting of a set of closed
transmission paths and associated signal generation,
reception, and control equipment that is designed to
provide cable service which includes 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 only subscribers in one or more multiple unit
dwellings under common ownership, control, or management,
unless such facility or facilities uses any public 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 Cable Act of 1984, except that such facility
shall be considered a cable system (other than for
purposes of Section 621(c) of the Cable Act of 1984) to
the extent such facility is used in the transmission of
video programming directly to subscribers; or (D) any
facilities of any electric utility used solely for
operating its electric utility systems.
(G) "Cable operator" means any person or group of persons (A)
who provides cable service over a cable system or (B) who
otherwise directly controls or is responsible for,
through any arrangement, the management and operation of
such a cable system.
(H) "City service" means (A) the one-way transmission to
subscribers of (i) video programming, or (ii) other
programming service, and (B) subscriber interaction, if
any, which is required for the selection of such video
programming or other programming service.
(I) "City" shall mean the City of Muscatine, Iowa.
(J) "Commission" shall mean the Muscatine Cable Television
Advisory Commission established by Title 2, Chapter 4 of
the City Code.
(K) "Connecting existing" shall mean the connection of the
cable or wire to a television or radio receiver when the
house drop has previously been installed.
5-18-2
5-18-2
- 229 -
85597-0894
(L) "Connection new" shall mean the installation of a house
drop and the connection of the cable or wire to a
television or radio receiver.
(M) "Converter" means an electronic device which converts
signal carriers from one frequency to another.
(N) "Council" shall mean the City Council of the City of
Muscatine, Iowa.
(0) "Education Access Channel" means (A) channel capacity
designated for educational use; and (B) facilities and
equipment for the use of such channel capacity.
(P) "FCC" shall mean the Federal Communications Commission or
its successor.
(Q) "Franchise agreement" shall mean the contract entered
into between the City and a Franchisee.
(R) "Franchisee" shall mean any person, firm, corporation, or
other entity granted a franchise in accordance with the
provisions of this Chapter and applicable federal law.
(S) "Franchising Authority" means the City of Muscatine,
Iowa, or the lawful successor, transferee, or assignee
thereof.
(T) "Gross Annual Revenues" means any revenue derived
directly by a Franchisee, from or in connection with the
operation of a Muscatine cable system including, but not
limited to, basic subscriber service fees, pay channel
service fees, installation and reconnection fees, leased
channel fees, converter and remote control rentals,
studio rentals, production equipment rentals and local
advertising revenues. The term does not include any taxes
on services provided by a Franchisee and imposed directly
upon any subscriber or user by the state, City or other
governmental unit and collected by a Franchisee on behalf
of said unit.
(U) "Headend" shall mean the land, electronic processing
equipment, antennas, tower, building, and other
appurtenances normally associated with and located at the
starting point of a broad-band telecommunications
network.
5-18-2
5-18-2
- 230 -
85597-0894
(V) "House drop" means a cable that connects each building or
home to the nearest feeder line of the cable network.
(W) "Incumbent Operator" shall mean Cablevision VII Inc., dba
TCI of Eastern Iowa, owning entity of the Muscatine
franchise.
(X) "Leased access channel" means any channel or portion
thereof available for lease, on a first-come, first-
served basis, including those portions of the other
access channels not in use by their designated
programmers.
(Y) "Local government access channel" means (A) channel
capacity designated for governmental use; and (B)
facilities and equipment for the use of such channel
capacity.
(Z) "Local origination channel" means any channel where the
Franchisee is the designated programmer.
(AA) "Normal Business Hours" as applied to the Franchisee
shall mean those hours during which similar businesses in
the Village are open to serve customers. In all cases,
Normal Business Hours must include some evening hours at
least one night per week, and/or some weekend hours.
(BB) "Normal Operating Conditions" shall mean those service
conditions which are within the control of the
Franchisee. Those conditions which are not within the
control of the Franchisee include, but are not limited
to, natural disasters, civil disturbances, power outages,
telephone network outages, and severe or unusual weather
conditions. Those conditions which are ordinarily within
the control of the Franchisee include, but are not
limited to, special promotions, pay-per-view events, rate
increases, regular peak or seasonal demand periods, and
maintenance or upgrade of the Cable System.
(CC) "Outlet" shall mean the point of connection of the cable
or wire to a television or radio receiver.
(DD) "Public access channel" means (A) channel capacity
designated for public use; and (B) facilities and
equipment for the use of such channel capacity.
5-18-2
5-18-2
- 231 -
85597-0894
(EE) "Service tier" means a category of cable service or other
services provided by a cable operator and for which a
separate rate is charged by the cable operator.
(FF) "Shall" and "will" are mandatory; "may" is permissive.
(GG) "Subscriber" means any person, firm, corporation, or
entity receiving reception service from the Franchisee.
(HH) "Two-way" means subscriber interaction with the cable
system.
(II) "User" means any person, firm, corporation, or entity who
or which produces or otherwise provides program material
for transmission by video, audio, digital, or other
signals, either live or recorded by means of the system.
5-18-3 Length of Franchise. The term of a franchise and all
rights, privileges, obligations, and restrictions pertaining
thereto shall be determined by Council from the effective date of
such franchise or the effective date of any transfer or assignment
thereof in accordance with Section 5-18-6 of this Chapter. The term
of agreement will be specified in the Franchise Agreement. Such
term shall not exceed 15 years. The City shall award a non-
exclusive franchise to construct, erect, operate, and maintain in,
upon, along, across, above, over, and under the streets, alleys,
public ways, and public places now laid out or dedicated, and all
extensions thereof and additions thereto in the City, poles, wires,
cables, underground conduits, manholes, and other conductors and
fixtures necessary for the operation and maintenance in the City of a
Cable Television System, and to furnish and to sell service from
such System to the inhabitants of the City pursuant to the terms of
this Chapter. The City specifically reserves the right to grant a
similar franchise to any person, firm, corporation or municipal
enterprise at any time.
5-18-4 Conditions for Initial Franchise Validation.
(A) The Applicant shall abide by all provisions of this
Chapter and all other applicable City ordinances. The
Applicant shall not claim, as against the City, that the
provisions of this Chapter are unreasonable, arbitrary,
or void.
(B) Within twenty (20) days after approval of the voters at a
franchise election and approval of the City Council of a
franchise proposal, the Applicant and the City may then
proceed to execute a franchise agreement.
5-18-2
5-18-4
- 232-
85597-0894
(C) Within ninety (90) days after execution of the franchise
agreement, the Applicant shall file with the appropriate
authorities all papers and applications necessary to
comply with the terms of this Chapter and the franchise
agreement, and shall diligently pursue all such
applications.
(D) Failure of the Applicant to comply with the provisions of
this section shall be grounds for immediate revocation of
any rights the Applicant may have in the franchise and
forfeiture of the Applicant's security fund and
performance bond.
5-18-5 Renewal. A franchise granted under this Chapter may be
renewed by the Council upon application of the Franchisee pursuant
to Section 626 of the Cable Act of 1984, as amended.
5-18-6 Transfers and Assignments.
(A) The Franchisee's right, title, or interest in the
Franchise shall not be sold, transferred, assigned, or
otherwise encumbered , other than to an entity
controlling, controlled by, or under common control with
the Franchisee, without the prior consent of the
Franchising Authority , such consent not to be
unreasonably withheld. No such consent shall be required,
however, for a transfer in trust, by mortgage, by other
hypothecation, or by assignment of any rights, title, or
interest of the Franchisee in the Franchise or System in
order to secure indebtedness. Within 30 days of receiving
the request for transfer, the Franchising Authority
shall, in accordance with FCC rules and regulations,
notify the Franchisee in writing of the information in
requires to determine the legal, financial and technical
qualifications of the transferee.
(B) It shall be a violation of the franchise for any
individual or group of individuals acting in concert to
formally or informally authorize any other individual or
group of individuals to act as their nominee or to
mislead the Council in any way in regard to the sale,
transfer, or disposition of interest in or control of the
Franchisee.
(C) The restrictions of this section shall be effective
immediately upon execution of the franchise agreement.
5-18-4
5-18-6
- 233 -
85597-0894
5-18-7 Franchise Territory - Service Area. The franchise
territory, also known as the service area, shall include the entire
present territorial limits of the City and any area annexed thereto
during the term of the franchise.
5-18-8 Evidence of Financial Capability. The evidence of
financial soundness and capability required in the initial
applicant's proposal shall be such as may be reasonably necessary
to assure the City that the entire system will be completed within
the time specified by Section 38 of this Chapter.
5-18-9 Geographical Coverage. The Franchisee shall provide a
cable communication system in such manner as to pass and provide
adequate tap off facilities for every single family dwelling unit,
multiple dwelling unit or other residential unit in the City.
Franchisee shall also pass and provide adequate tap off facilities
for every commercial establishment within 1/4 mile of existing
distribution system in the City.
5-18-10 Extension of Service. The Franchisee shall, at its
expense, within one year of annexation, extend its system to have
service available to all residents of:
(A) Newly annexed areas to the City where the average density
is at least thirty (30) dwelling units per lineal mile of
proposed trunk and feeder cable route.
(B) New housing areas developed within the City limits.
(C) Any new single family dwelling unit, multiple dwelling
unit or other residential unit or commercial
establishment within 1/4 mile of existing distribution
system in the City shall be extended cable simultaneously
with electric power and telephone utilities.
5-18-11 Television Broadcast Signals. The Franchisee shall
provide, as part of its cable television service, the signals of
all television broadcast signals consistent with the rules and
regulations of the FCC and all other applicable laws, rules, or
regulations. The Franchisee's system shall be designed, engineered,
and maintained so as not to interfere with the television and radio
reception of residents of the City who are not subscribers to the
system.
A Spanish language television channel is of interest to the
City, therefore Franchisees are encouraged to carry such a channel.
5-18-7
5-18-11
- 234 -
85597-0894
5-18-12 Education and Governmental Access Channels. During the
term of the franchise, the Franchisee shall provide at no charge at
least two additional channels: one for educational use and one to
be used by the City, or its assignee, for any purpose. As both
educational and municipal channel availability is of great interest
to the City, applicants may indicate in their applications a
greater number of channels dedicated for these purposes.
For any educational access channel, the Franchisee shall
prohibit the presentation of any material designed to promote the
sale of commercial products or services (including promotions by or
on behalf of candidates for any elected or appointed office),
lottery information, and obscene or indecent matter and permit
public inspection of a record of the names and addresses of all
persons or groups requesting access time. Such record shall be
retained for a period of two (2) years.
5-18-13 Public Access Channels. During the term of the
franchise, the Franchisee shall provide at least one (1) specially
dedicated, non-commercial public access channel to be made
available to the public, groups, and individuals on a first-come,
non-discriminatory basis. Such channels shall be operated in accord
with FCC rules and regulations. The Franchisee shall make no charge
for use of such channel other than actual out-of-pocket expenses
for production costs, if any, which are incurred in live studio
presentations exceeding five (5) minutes. The Franchisee shall
establish rules providing for access to the public channel on a
first-come, non-discriminatory basis, prohibiting the presentation
of any advertising material designed to promote the sale of
commercial products or services (including promotions by or on
behalf of any candidate for any elected or appointed office),
lottery information, and obscene or indecent matter. A public
record shall be kept and retained for two (2) years of the name and
addresses of all persons or groups requesting access time. As the
total number of access channels is of a great deal of interest to
the City, applicants may propose a greater number of such channels
than the minimum set forth herein in their application.
5-18-14 Public Access Channel Facilities. The Franchisee shall
augment the television programming available by active promotion
and assistance for locally originated programs. The Franchisee
shall, for a reasonable charge, provide the necessary information
to the public on the use of the access channels and shall provide,
on request, assistance to any person seeking to develop the
necessary skills to produce programs on the access channels.
Further, the Franchisee shall cooperate with any person wishing to
organize training workshops in connection with the use of access
channels.
5-18-12
5-18-14
- 235 -
85597-0894
To these ends, the Franchisee must provide the necessary local
studio and both portable and stationary equipment to support local
origination of programs for transmission over the system. A studio
within the City must be made available for all access users on a
first-come, first-served basis. Equipment included must provide, at
minimum, for the ability to use 1/2" video tapes and current
technology available at the consumer level. Equipment shall include
cameras, slide and film chain, portable cameras and recorders, a
timebase corrector, and other appropriate equipment. The studio
shall have the capability to originate cablecasts in color. Cost of
maintenance of the studio and equipment shall be borne by the
Franchisee. These program facilities and equipment are to be used
by access cablecasters with the aid of a technical and production
staff to be provided by the Franchisee.
Any Applicant shall demonstrate in its application how it
plans to make the equipment, studio, and technical and production
staff available. Applicants will be given preference in the
selection process for plans that will most adequately meet these
requirements. A full schedule of rates for the use of equipment,
studio, and technical and production staff shall be submitted in
the application or renewal of Franchise proposal.
5-18-15 Leased Access Channels. The Franchisee shall make a
portion of the remaining unused channels available for lease to any
organization, group, or individual on a first-come, first-served
basis as provided in this Chapter. At least one (1) channel must be
available for lease on a part-time basis. The Franchisee cannot
exercise program controls over leased channels, but may adopt rules
governing the leasing of channel space which: (a) provide for
access on a first-come, non-discriminatory basis; (b) prohibit the
presentation of lottery information and obscene or indecent matter;
(c) require sponsorship identification; (d) specify a reasonable
rate schedule; and (e) permit public inspection of the record of
the names and addresses of all persons or groups requesting time,
which record shall be retained for a period of at least two (2)
years.
5-18-16 Additional Services. The Franchisee is encouraged to
make available such additional video, audio, radio, digital, point-
to-point service, and other services as are requested by
subscribers and programmers who are willing to pay for such
services, provided that such services are technologically and
economically feasible. If no applicable rate exists when such a
service is requested, the rate change procedures established in
this Chapter shall apply. The Franchisee shall undertake to apply
for any certificate of compliance or waiver necessary to permit the
5-18-14
5-18-16
- 236 -
85597-0894
provision of a specific additional service. Should a dispute arise
over any matter regarding additional services, the dispute may be
resolved in accordance with the provisions of this Chapter relating
to methods of resolving disputes. Nothing in this section shall
preclude the offering of such new service on a temporary or
experimental basis. In addition, public governmental and
educational space shall be reserved in all information services
initiated by the Franchisee at the same level as in cable
television service.
5-18-17 All Channels Emergency Alert. The Franchisee shall, in
the case of any emergency or disaster, make its entire system
available without charge to the City or to any other governmental
or civil defense agency that the City shall designate. The system
shall be engineered to provide an audio alert system to allow
authorized officials to automatically override the audio signal on
all channels and transmit and report emergency information. The
system shall also have the capability for visual transmission of
emergency messages.
5-18-18 Subscriber Privacy. The Franchisee shall be constantly
alert to possible abuses of the right of privacy or other legal
rights of any subscriber, programmer, or general citizen resulting
from any device or signal associated with the cable communications
system. The possibility of such abuse shall be discussed at every
scheduled review session.
The Franchisee shall abide by current Federal law and FCC
regulations regarding protection of subscriber privacy.
No cable, line, wire, amplifier, converter, or other piece of
equipment owned by the Franchisee shall be installed by the
Franchisee within private easements without first securing the
written permission of the owner, leasee, or tenant of any property
involved.
5-18-19 Underground and Overground Installation Requirements.
(A) The Franchisee may lease, rent, or in any other manner by
mutual agreement obtain the use of towers, poles, lines,
cables, and other equipment and facilities from utility
companies operating within the City, and use towers,
poles, lines, cables, and other equipment and facilities
for the system. When and where practicable, the poles
used by the Franchisee's distribution system shall be
those erected and maintained by such utility companies
operating within the City, provided mutually satisfactory
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rental agreements can be reached. It is the City's desire
that all holders of public franchises in the City
cooperate with the Franchisee and allow the Franchisee
the use of their poles and pole line facilities whenever
possible so that the number of new or additional poles
installed in the City may be minimized.
(B) The Franchisee shall have the right to erect, install,
and maintain its own towers, poles, guys, anchors,
underground conduits, and manholes as may be necessary
for the proper construction and maintenance of the
antenna site, headend, and distribution system, providing
that the Franchisee has at the work site the necessary
City permit(s) or copy thereof, for scheduled work,
obtained in advance from the appropriate City Department.
(C) The Franchisee shall have the right to establish terms,
conditions, and specifications governing the form, type,
size, quantity, and location of equipment of others on
its poles, and shall have the further right to charge a
fair rental for attachment space or spaces occupied by
the said equipment and plant of others, except that no
rent shall be paid by the City for its attachment to the
Franchisee's poles. The City shall pay any costs incurred
by the Franchisee in providing space for the City's
attachments, including any necessary rearrangements of
the Franchisee's equipment and plant to provide room for
City attachments. Upon expiration, termination, or
revocation of a franchise, or should a Franchisee wish to
dispose of any of its poles, conduit or manholes, being
used by the City, the City shall have the option to
purchase them in place of their fair value based upon
reproduction cost less depreciation.
(D) In those areas of the City where transmission or
distribution facilities of both telephone and power
companies are underground or hereafter may be placed
underground, the Franchisee shall likewise construct,
operate, and maintain all of its transmission and
distribution facilities underground to the maximum extent
the then existing technology permits, in accordance with
the most recent National Electrical Code as adopted by
the City, the Bureau of Standards Handbook No. 81, and
the Telephone System Practices Governing Joint Attachment
Practices, and their successor documents, as well as in
conformance with all applicable state and municipal
ordinances and codes. If and when necessary, amplifiers
and/or transformers in the Franchisee's transmission and
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distribution lines may be in appropriate housings on the
surface of the ground. Such housings and the location and
construction of all work required or pursuant to this
section shall be approved in advance by the persons
identified in Paragraph (B) of this section. Even when
not required, underground installation is preferable to
the placing of additional poles.
(E) All transmission and distribution structures, lines, and
equipment erected by the Franchisee in the City shall be
located so as not to endanger or interfere with the
normal use of streets, alleys, or other public ways and
places so as to cause minimum interference with the
rights or reasonable convenience of the general public
and adjoining property owners and so as not to interfere
with existing public utility installations and so as to
comply with the most recent National Electrical Code as
adopted by the City, the Bureau of Standards Handbook No.
81, and the Telephone System Practices Governing Joint
Attachment Practices, and their successor documents, as
well as in conformance with all applicable state and
municipal ordinances and codes. The Franchisee shall make
available to the City, maps, plats, and records of
locations and character of all facilities for inspection
at our local facility.
In the case of any disturbance by the Franchisee or its
equipment of pavement, sidewalks, driveway, lawn, or
other surfacing, the Franchisee shall, at its expense and
in the manner required by the City, promptly replace and
restore all such surfacing to as near as reasonably
possible its prior or better condition.
(F) The City reserves the right, upon reasonable notice, to
require the Franchisee at its expense to protect,
support, temporarily disconnect, relocate, or remove the
Franchisee's equipment from a particular area of the
City's streets if reasonably necessary by reason of
traffic conditions; public safety, street construction or
vacation; change or establishment of street grade;
installation of sewers, drains, water pipes, power or
communication lines, tracks, traffic signals, street
lighting; or other conditions. Reasonable notice for this
provision of the Chapter shall be construed to mean at
least thirty (30) days , except in the case of
emergencies.
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(G) The Franchisee shall not place poles, conduits, or other
fixtures above or below ground where the same shall
interfere with any gas, electric, telephone fixtures,
water hydrant, or other utilities, and all such poles,
conduits, or other fixtures above or below ground shall
be so placed as to comply with all the requirements of
the City.
(H) The Franchisee shall, on request of any persons holding a
moving permit issued by the City, temporarily move its
wires or fixtures to permit the moving of buildings. The
expense of such temporary removal shall be paid in
advance by the person requesting the same, and the
Franchisee shall be given not less than five (5) working
days advance notice to arrange for such temporary
changes.
(I) The Franchisee shall have the authority, coextensive with
the legal authority of the City, to trim any trees upon
and overhanging the streets, alleys, sidewalks, and
public place of the City so as to prevent the branches of
such trees from coming in contact with wires and cables
of the Franchisee, except that at the option of the City,
trimming may be done by it or under its supervision and
direction at the expense and liability of the Franchisee.
5-18-20 Consumer Service Standards. Nothing in this Ordinance
shall be construed to prevent or prohibit: (i) the City of
Muscatine and the Franchisee from agreeing to exceed the customer
service standards set forth herein; (ii) the City from enforcing,
through the franchise term, pre-existing customer service
requirements that exceed the requirements set forth herein and are
contained in current Franchise Agreements; (iii) the establishment
or enforcement of any State or municipal law or regulation
concerning customer service or consumer protection that imposes
customer service or consumer protection requirements that exceed,
or address matters not addressed herein.
The Franchisee shall maintain a local office to provide the
necessary facilities, equipment and personnel to comply with the
following consumer standards under normal conditions of operation:
(E) Service Standards. The Franchisee shall render efficient
service, make repairs promptly, and interrupt service
only for good cause and for the shortest time possible.
Scheduled Service Interruptions, insofar as possible,
shall be preceded by notice and shall occur during
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periods of minimum use of the system. A written log or an
equivalent stored in computer memory and capable of
access and reproduction, shall be maintained for all
Service Interruptions and requests for cable service as
required by this Ordinance.
(B) Telephone lines. Local toll-free or collect call
telephone line capacity shall be made available by
Franchisee to customers 24 hours per day, seven days a
week, including holidays. The Franchisee shall use best
efforts under Normal Operating Conditions during Normal
Business Hours to ensure that a minimum average of ninety
percent (90%) of all callers (measured on a quarterly
basis) for service will not be required to wait more than
thirty (30) seconds before being connected to a trained
customer service representative, and shall receive a busy
signal less than three percent (3%) of the time (measured
on a quarterly basis). If the call needs to be
transferred, the transfer time shall not exceed thirty
(30) seconds. Inquiries received after normal business
hours may be answered by a service or an automated
response system, and such calls must be responded to by a
trained company representative on the next business day.
(C) Local office. A business and service office, conveniently
located within the City, open during Normal Business
Hours, and adequately staffed to accept subscriber
payments and respond to service requests and complaints.
(D) Installation staff. An installation staff shall install
service to any subscriber located up to 125 feet from the
existing distribution system within seven (7) days after
receipt of a request. This Standard shall be met no less
than ninety-five percent (95%) of the time, measured on a
quarterly basis.
(E) Installation, Outages and Service call scheduling.
Franchisee shall schedule, either at a specific time, or, at
maximum, within a specified four (4) hour time period, all
appointments with subscribers for installation or
service. Franchisee may not cancel an appointment with a
customer after the close of business on the business day
prior to the scheduled appointment. If a Franchisee
representative is running late for an appointment with a
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customer and will not be able to keep the appoint as
scheduled , the customer will be contacted . The
appointment will be rescheduled, as necessary, at a time
which is convenient for the customer. These Standards
shall be met no less than ninety-five percent (95%) of
the time, measured on a quarterly basis.
(F) Repair standards. The Franchisee shall maintain a repair
force of technicians who, under Normal Operating
Conditions, are capable of responding to subscriber
requests for service within the following time frames:
1. System Service Interruption: Under Normal
Operating Conditions, within two (2) hours,
including weekends, of receiving subscribers
calls which by number identify a system
Service Interruption of sound or picture on
one (1) or more channels, affecting all the
subscribers of the system or two percent (2%)
thereof.
2. Isolated Service Interruption: Within twenty-
four (24) hours, including weekends, of
receiving requests for service identifying an
Isolated Service Interruption (less than 2% of
subscribers) of sound or picture for one (1) or
more channels. This Standard shall be met no
less than ninety-five percent (95%) of the
time, measured on a quarterly basis.
3. Inferior reception quality: Within forty-eight
(48) hours, including weekends, of receiving a
request for service identifying a problem
concerning picture or sound quality .
Franchisee shall be deemed to have responded
to a request for service under the provisions
of this Section when a technician arrives at
the service location and begins work on the
problem. In the case of a subscriber not being
home when the technician arrives, response
shall be deemed to have taken place if the
technician leaves written notification of
arrival.
(G) Notification of Service Interruption to Cable Television
Advisory Commission. The Franchisee shall promptly notify
the Municipal Administrator , in writing , or if
appropriate, by oral communication, of any significant
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interruption in the operation of the system. For the
purposes of this section, a "significant interruption in
the operation of the system" shall mean any interruption
of sound or picture on one (1) or more channels a
duration of at least one (1) hour to at least five
percent (5%) of the subscribers, or an interruption of
sound or picture on at least one (1) or more channels
initiated by the Franchisee of at least four (4) hours to
any single subscriber.
(H) Subscriber Credit for Service Interruption. Upon Service
Interruption of subscriber's cable service, the following
shall apply:
1. For Service Interruptions of over twelve (12)
hours and up to fourteen (14) days, the
Franchisee shall provide, at the subscriber's
request, a credit of one-thirtieth (1/30) of
one month's fees for affected services for
each 24-hour period service is interrupted for
twelve (12) or more hours for all affected
subscribers.
2. For interruptions of fourteen (14) days or
more in one month, the Franchisee shall
provide, at the subscriber's request, a full
month's credit for affected services for all
affected subscribers.
5-18-21 Record of Complaints by Franchisee. Computer records
setting forth the date and substance of each complaint received by
phone, mail or other means during the preceding calendar month, if
any, the name and address of each complaining party, and the date
and nature of action taken by the Franchisee to respond to such
complaints, or, if still pending, the status thereof, shall be
maintained by the Franchisee and be available to the City for
review for two years thereafter.
5-18-22 City Role in Complaints. Unresolved complaints
concerning the system or its operation or maintenance shall be
directed to the Office of the City Administrator. The City
Administrator shall forward the complaint to the Franchisee or
shall take the question up by correspondence with the Franchisee.
Within such time as may be prescribed by the City Administrator,
the Franchisee shall resolve the complaint or advise the City of
its refusal or inability to do so. When the Franchisee resolves the
complaint, it shall so notify the City. If a complaint has not been
resolved, the complainant may petition the City to take any
appropriate action authorized by this Chapter.
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5-18-23 Review Sessions. In recognition of the fact that a
great many technical, financial, marketing, and legal uncertainties
are associated with all aspects of cable communications at the
present time, it is the intent of the City to provide for a maximum
feasible degree of flexibility in this franchise throughout its
term to achieve an advanced and modern system for the City. The
principal means for accomplishing this flexibility will be the
scheduled review sessions provided for in this Chapter. It is
intended that such review sessions will serve as a means of
cooperatively working out solutions to problems that develop.
Furthermore, such review sessions shall be two-way processes. For
example, if either party has perceived that some major problem has
developed, the session shall be devoted primarily to working out
solutions acceptable to both parties.
5-18-24 Triennial Review Sessions. The City and the Franchisee
shall hold scheduled review sessions no later than April 30, of
calendar year 1997 and every third year thereafter for the duration
of the franchise. All such review sessions shall be open to the
public and notice thereof shall be published once, not less than
ten (10) days nor more than twenty-five (25) days before each
review session, as provided by law. The published notice shall
specify the topics to be discussed.
5-18-25 Topics to be Reviewed. The following topics shall be
discussed at every scheduled review session:
Recent and Developing Judicial and Federal Communication
Rulings
Service Rate Structures
Free and Discounted Services
Application of New Technology or New Developments
System Performance
System Extension Policy
Services Provided
Programming Offered
Customer Complaints Review
Privacy and Human Rights
Community Development and Education
Interconnection
New Services
Other topics, in addition to those listed, may be added by
either party. Members of the general public may also request
additional topics.
5-18-26 Services of Consultant Permitted. The City may utilize
the services of a consultant to gain additional information for use
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during the review sessions, renewal process and/or rate hearings,
mediation, and arbitration sessions. The costs of such consultant
shall be paid by the City.
5-18-27 Rate Regulation. The City reserves the right to
regulate rates to the extent expressly permitted by Federal Law and
FCC regulations.
5-18-28 Rate Adjustments. Any rate adjustments shall be filed
with the City Clerk and the Cable Television Advisory Commission
not later than 30 days prior to the implementation of the
adjustment.
5-18-29 Switching Device. The Franchisee, upon request from
any subscriber, shall install, at cost, a switching device to
permit a subscriber to continue to utilize the subscriber's
television antenna. The Franchisee shall not require the removal,
or offer to remove, any subscriber's antenna or antenna lead-in
wire. In order to restrict the viewing of unwanted programming upon
the request of a subscriber, a cable operator shall provide (by
sale or least at a reasonable cost) a device by which the
subscriber can prohibit viewing of a particular cable service
during periods selected by that subscriber.
5-18-30 Disconnection. There shall be no charge for
disconnection of any installation. If any subscriber fails to pay
a fee or charge, the Franchisee may disconnect the subscriber's
service. Such disconnection shall not be effected until the
subscriber has been given ten (10) days advance written notice of
the intention to disconnect. After disconnection, upon payment of
any required delinquent fee or reconnection charge, the Franchisee
shall promptly reinstate the subscriber's service.
5-18-31 Termination of Service. Within 30 days of termination
of service to any subscriber for any reason, the Franchisee shall,
upon the subscriber's written request, promptly remove all its
facilities and equipment from the subscriber's premises without
charge.
5-18-32 Unauthorized Connections or Modifications.
(A) It shall be unlawful for any firm, person, group,
company, or corporation, without the expressed consent of
the Franchisee, to make any connection, extension, or
division whether physically, acoustically, inductively,
electronically, or otherwise with or to any segment of
the system, except for residential inside wiring, for any
purpose whatsoever.
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(B) It shall be unlawful for any firm, person, group,
company, or corporation to willfully interfere, tamper,
remove, obstruct, or damage any part, segment, or content
of the system for any purpose whatsoever.
(C) Any firm, person, group, company, or corporation
convicted of a violation of this section shall be guilty
of a misdemeanor, and shall be subject to all punishment
under Iowa and Federal law.
5-18-33 Discriminatory or Preferential Practices. The
Franchisee shall not, in making available the services or
facilities of its system, or in its rules or regulations, or in any
other respect, make or grant preferences or advantages to any
subscriber or potential subscriber to the system, or to any user or
potential user of the system and shall not subject any person to
any prejudice or disadvantage based on their race, color, national
origin or gender. This provision shall not prohibit promotional
campaigns to stimulate subscriptions to the system or other
legitimate uses thereof; nor shall it prohibit the establishment of a
graduated scale of charges and classified rate schedules to which any
customer coming within such classification shall be entitled.
5-18-34 Refunds to Subscribers and Programmers.
(A) If the Franchisee fails to provide any material service
requested by a subscriber or programmer in accordance
with the current FCC standards, the Franchisee shall,
after adequate notification and being afforded the
opportunity to provide the service, promptly refund all
deposits or advance charges paid for the service in
question by the subscriber or programmer.
(B) If any subscriber terminates for any other reason, the
Franchisee shall refund the unused portion of any prepaid
subscriber service fee on a daily pro rata basis.
(C) Any disputes arising under this section shall be finally
resolved in accordance with Section 22 of this Chapter.
5-18-35 Public Service Installations. The Franchisee shall,
without charge for installation, maintenance, or service, install a
single subscriber outlet at each public building and public
school building in the City located within 200 feet of the existing
feeder system. Such installations shall be made at such reasonable
locations as shall be requested by the respective units of
government or educational institutions. Any charge for relocation
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of such installations shall, however, be made at actual cost.
Additional installations at the same location may be made at cost.
No monthly service charges shall be made for the provision of Basic
Service and Expanded Basic within such buildings.
The Franchisee shall also provide free live audio and video
origination connection of the Cable Television System for each of
the following: City of Muscatine, Musser Public Library, Muscatine
Art Center, Muscatine School District, Muscatine Community College,
and Veterans' Plaza Complex, provided that such facilities are
within 500 feet of the existing return system.
5-18-36 Other Business Activities. Subject to the right of the
City Council to change this policy, the Franchisee shall not engage
in the business of selling, repairing, or installing television
receivers, excluding converters, in the City of Muscatine during
the term of this franchise. Nothing herein shall be deemed to
prohibit the Franchisee, at a customer's request, from examining
and adjusting a customer's receiver set to determine whether
reception difficulties originate in the set or in Franchisee's
system.
5-18-37 Franchisee Fee. As compensation for the franchise
granted herein and in consideration for the use of the streets and
public ways of the City for the construction, operation,
maintenance, and reconstruction of a system within the city, the
Franchisee shall pay to the City an annual amount equal to five
percent (5%) of the Franchisee's Gross Annual Revenues as defined
in Section 5-18-2 of this Ordinance, provided, however, that such
amount shall not include any taxes on Cable Service which are
imposed directly or indirectly on any subscriber thereof by any
governmental unit or agency and which are collected by the
Franchisee on behalf of such governmental unit or agency. This
includes, but is not limited to, all subscribers' payments,
installation fees, converter boxes, advertising, leased access
channels, pay-per-view and cable service exchanged in barter
agreements. All funds due to the City pursuant to this subsection
shall be deposited into the general fund of the City. Payment due
to the City under this provision shall be made quarterly at the
City Clerk's Office not later than 45 days following March 31, June
30, September 30 and December 31 each year. Any fee not paid when
due shall bear interest at the rate of one and one-half percent (1
1/2%) per month from the date due. Each payment shall be
accompanied by a detailed report showing the basis for the
computation, specific income categories and such other relevant
facts as may be required by the City. The acceptance of any payment
shall not be construed as an accord that the amount paid is, in
fact, the correct amount; nor shall such acceptance of payment be
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construed as a release of any claim the City may have for
additional sums payable by the Franchisee. All amounts paid shall
be subject to audit and recomputation by the City.
5-18-38 Construction and Operation Timetable. The Franchisee
shall commence construction of the system not later than thirty
(30) days after issuance of all the necessary permits and
agreements relating to the Cable Television System. The Franchisee
shall apply for all these necessary permits and agreements thirty
(30) days after award of the franchise by the City. The Franchisee
shall conduct any engineering studies necessary to permit the
commencement of construction within thirty (30) days after issuance
of the permits or agreements. Within one (1) year after
construction commences, the Franchisee shall complete its studios
and cablecasting facilities and the same shall be fully
operational. Within one (1) year after construction commences, the
Franchisee shall reasonably make cable service available to at
least thirty-five percent (35%) of the potential subscriber
terminals in the City. Within two (2) years after construction
commences, the Franchisee shall complete construction of the system
within the City.
5-18-39 Right of Inspection of Construction. The City shall
have the right to inspect all construction or installation work
performed subject to the provisions of this permit and to make such
inspections as it shall find necessary to ensure compliance with
the terms of this permit and other pertinent provisions of law.
5-18-40 Technical Standards.
(A) 1. Methods of construction, installation, and
maintenance of the Cable Television System
shall comply with the most recent National
Electrical Code adopted by the City, to the
extent that such Code is consistent with local
law affecting the construction, installation,
maintenance of electric supply and
communications lines. To the extent that such
Code is inconsistent with other provisions of
this franchise or with local law, the latter
shall govern. The Franchisee must obtain all
necessary construction or excavation permits in
advance from the City.
3. Any tower constructed for use in the Cable
Television System shall comply with the
standards contained in Structured Standards
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for Steel Antenna Towers and Antenna
Supporting Structures, EIA Standards RS-222-A, as
published by the Engineering Department of the
Electronic Industries Association, 2001 "I"
Street, N.W., Washington, D.C. 20006.
3. Installation and physical dimensions of any
tower constructed for use in the Cable
Television System shall comply with all
appropriate Federal Aviation Agency
regulations.
4. Any antenna structure used in the Cable
Television System shall comply with all
appropriate local , state and federal
regulations.
5. All working facilities and conditions used
dur ing co nstructio n, ins tallation , and
maintenance of the Cable Television System
shall comply with the standards of the
Occupational Safety and Health Administration.
(B) 1. Whenever a pattern of similar complaints
emerges, or where there exists other evidence,
which, in the judgment of the City, casts
doubt on the reliability or quality of cable
service, the City shall have the right and
authority to compel the Franchisee to test,
analyze, and report on the performance of the
system. The City's right under this provision
shall be limited to requiring tests, analyses,
and reports covering specific subjects and
characteristics based on said complaints or
other evidence when and under such
circumstances as the City has reasonable
grounds to believe that the complaints or
other evidence require that tests be performed
to protect the public against substandard
cable service.
2. Any special performance tests or measurements
required by the City to be taken pursuant to
subsection (3)1 shall be reported to the City
within fourteen (14) days after such tests or
measurements are performed. Such report shall
include the following information: the nature
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of the complaint which precipitated the
special tests; what system component was
tested, the equipment used, and procedures
employed in said testing; the results of such
tests; and the method in which such complaints
were resolved. Any other information pertinent
to the special test shall be recorded.
(C) Should any of the following occur, the Franchisee must
notify the Commission within thirty (30) days prior to
any change regarding:
1 . Addition to, deletion of, or change in
received channel.
2 . Addition to, deletion of, or change in
distributed channel or in channel conversion.
3. Change in location of headend or antenna
sites.
4 . Addition to or changes in location of centers
for origination of programs and the
installation of bi-directional facilities or
additional lines to make connection to the
headend.
5. Interconnection with other cable systems.
(D) The Franchisee must comply with all FCC technical
standards.
5-18-41 New Developments. The Franchisee is encouraged to
upgrade its facilities, equipment, and service so that its system
is as advanced as the current state of production technology will
allow. Such new developments shall be a topic of discussion at all
review sessions and shall be a factor to be considered in
connection with requests for rate adjustments.
5-18-42 Communications with Regulatory Agencies. Copies of all
petitions, applications, communications, reports, and all other
documents submitted by the Franchisee or its parent companies to
the FCC, Securities and Exchange Commission, or any other Federal
or State regulator commission or agency shall be made available to
the City upon written request to Franchisee.
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5-18-43 Annual Report. No later than ninety (90) days after
the close of the Franchisee's fiscal year, the Franchisee shall
submit a detailed written informative report to the City, including
the following information pertaining only to the Muscatine
franchise:
(A) A summary of the previous year's activities in
development of the system, including, but not limited to,
services begun or dropped and subscribers gained or lost.
(B) A detailed revenue statement including a breakdown of all
revenue sources upon which the City can verify Franchise
Fee accuracy.
(C) A current statement on the cost of construction by
project categories.
(D) A summary of complaints, identifying the number and
specific nature of complaints and their disposition.
(E) A list of key management for the Muscatine franchise
along with their addresses and job titles.
(F) The City shall have the right to have an independent firm
of certified public accountants appointed by the City to
inspect the Franchisee's books and records at reasonable
times. Such firm of certified public accountants will be
paid by the City and approved by the Franchisee, which
approval will not be unreasonably withheld. Said
accountant or accountants shall not disclose to the City
any information other than that relating solely to the
accuracy and completeness of payments and reports
required of the Franchisee by this Chapter. At the time
of any such inspection, Franchisee will make all books
and records necessary for such inspection available at
the Franchisee's Muscatine office.
(G) The annual report of the parent company of a public
corporation.
(H) A summary of types of communication signals and services
provided without charge or provided under a barter
arrangement along with their dollar equivalent.
5-18-44 Security Fund and Performance Bond.
(A) Within ten (10) days after execution of the Franchise
Agreement, the Franchisee shall deposit with the City
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Clerk, and maintain on deposit through the term of this
franchise, the sum of $5,000.00 as security for the
faithful performance by it of all the provisions of this
franchise and compliance with all orders, permits, and
directions of any agency of the City having jurisdiction
over its acts or defaults under this contract, and the
payment by the Franchisee of any claims, liens, and taxes
due the City which arise by reason of the construction,
operation, or maintenance of the system.
(B) Within ten (10) days after notice to it that any amount
has been withdrawn from the security fund deposited
pursuant to subdivision (A) of this section, the
Franchisee shall pay to, or deposit with, the City Clerk
a sum of money sufficient to restore such security fund
to the original amount of $5,000.00.
(C) If the Franchisee fails to pay to the City any
compensation within the time fixed herein; or fails after
ten (10) days notice to pay to the City any taxes due and
unpaid; or fails to repay to the City within such ten
(10) days, any damages, costs, or expenses which the City
shall be compelled to pay by reason of any act or default
of the Franchisee in connection with this franchise; or
fails after three (3) days notice of such failure by the
City Council to comply with any provision of this
contract which the City Council reasonably determines can
be remedied by an expenditure of the security, the City
Clerk may immediately withdraw the amount thereof, with
interest and any penalties, from the security fund. Upon
such withdrawal, the City Clerk shall notify the company
of the amount and date thereof.
(D) The security fund deposited pursuant to this section
shall become the property of the City in the event that
this contract is cancelled by reason of the default of
the Franchisee. The Franchisee, however, shall be
entitled to the return of such security fund, or portion
thereof, as remains on deposit at the expiration of the
term of this contract, provided that there is then no
outstanding default on the part of the Franchisee.
Interest earned by the investment of the security fund
will accrue to the Franchisee.
(E) The rights reserved to the City with respect to the
security fund are in addition to all other rights of the
City, whether reserved by this contract or authorized by
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law, and no action, proceeding, or exercise of a right
with respect to such security fund shall affect any other
right the City may have.
(F) Performance Bond. On or before the effective date of its
franchise, the Franchisee shall post a performance bond in
favor of the City in the amount of $45,000.00 as security
for the faith or performance by it of all the provisions
of this ordinance; compliance with all orders, permits, and
directions of any agency of the City having jurisdiction
over acts or defaults under this ordinance; and payment by
the Franchisee of any claims due to the City which arise
by reason of construction, operation, or maintenance of the
system. Bonds shall be approved by the City's legal
department.
(G) In lieu of any bonds and other surety required of the
Franchisee herein or other franchise document with the
Franchising Authority, Franchising Authority agrees to
accept a guarantee in lieu of bond from parent
corporation of an incumbent Franchisee, in form and
substance reasonably satisfactory to the Franchising
Authority.
5-18-45 Cancellation and Expiration.
(A) The Franchisee shall not be declared in default or be
subject to any sanction under this ordinance where the
Franchisee's performance is prevented for reasons beyond
its control.
(B) The Franchisee shall not be entitled to damages from the
City sustained by the virtue of the closing, vacation, or
relocation of any streets or alleys.
(C) Upon cancellation or expiration of the franchise, the City
may, in a lawful manner and upon payment in readily
available funds, purchase the system for a price equal to
its fair market value. The fair market value shall be
determined by an independent organization acceptable to
both parties in accordance with generally accepted cable
television appraisal and accounting principles. The
original cost of all tangible and intangible property, as
well as salvage value, the book value, and replacement
cost, cash flow, and other factors may be considered.
However, under no circumstances shall any valuation be
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made for any right or privilege granted pursuant to this
Chapter. Should a dispute arise over the determination of
the fair market value of the system, the dispute shall be
resolved by arbitration in accord with the rules of the
American Arbitration Association. If the City elects to
purchase the system, the Franchisee shall promptly
execute all documents necessary to transfer title to the
City and shall assign all of the contracts, leases,
licenses, permits, and any other rights necessary to
maintain continuity of service to the public. The
Franchisee shall cooperate with the City to operate the
system for a temporary period, in maintaining continuity
of service. Nothing herein is intended as a waiver of any
rights the City may have.
5-18-46 Enforcement. The Franchisee shall not be relieved of
its obligation to comply with this ordinance by reason of the
City's failure to enforce prompt compliance.
5-18-47 Indemnification. The Franchisee shall defend,
indemnify, protect, and hold harmless the City from and against any
and all liability, losses, and damage to property or bodily injury
or death to any person, including payments made under workmen's
compensation laws, which may arise out of or be caused by the
erection, construction, replacement, removal, maintenance, or
operation of Franchisee's Cable Television System and caused by any
act or failure to act on the part of the Franchisee, its agents,
officers, servants, or employees.
5-18-48 Insurance. The Franchisee shall maintain insurance in
such amounts and kinds of coverages as may be specified by the
City. Such coverages may be adjusted by the City with ninety (90)
day notification. The Franchisee shall maintain such insurance with
insurance underwriters authorized to do business in the State of
Iowa. All policies shall name the City, its employees, servants,
agents, and officers as additional insured parties. Certified
copies of the insurance policies required by this section shall be
filed with the City Clerk prior to the commencement of
construction. Each policy shall provide that it may not be
cancelled nor the amount of coverage altered until thirty (30) days
after receipt by the City Clerk of a registered mail notice of such
intent to cancel or alter coverage.
(A) The Franchisee shall maintain and provide to the City
Clerk proof of Public Liability Insurance for not less
than the following amounts:
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5-18-48
5-18-52
$1,000,000 Any 1 Occurrence, Bodily Injury or Property Damage
$1,000,000 Personal or Advertising Injury Liability, Any 1
Person or Organization
$1,000,000 Products/Completed Operations Annual Aggregate
Liability
$5,000,000 General Aggregate
5-18-49 Foreclosure. A foreclosure or other judicial sale of
all or part of the system shall be treated as a change in control
of the Franchisee and the provisions of Section 6 of this Chapter
shall apply.
5-18-50 Receivership. The City shall have the right to cancel
this franchise one hundred twenty (120) days after the appointment
of a receiver or trustee, to take over and conduct the businesses
of the Franchisee, whether in receivership, reorganization,
bankruptcy, or other action or proceedings, unless such
receivership or trusteeship shall have been vacated prior to the
expiration of said one hundred twenty (120) days, or unless:
(A) Within one hundred twenty (120) days after being elected
or appointed such receiver or trustee shall have fully
complied with all provisions of this ordinance and
remedied all defaults thereunder; and
(B) Shall have executed an agreement, approved by the court
having jurisdiction, whereby such receiver or trustee
agrees to be bound by this Chapter and the franchise
granted to the Franchisee.
5-18-51 Publication of Notice. Whenever the provisions of this
Chapter require that notice be published, such notice shall be
prepared and published by the City. The cost of publication will be
borne by the Franchisee.
5-18-52 Cost of Publication and Election. The Applicant shall
assume the costs of publication of this Chapter, the costs of any
other legal publication for amendments to this Chapter prior to
franchise award, the costs of publication of any other ordinances
or legal documents prior to franchise award, and the costs of the
special election. The Franchisee seeking renewal shall assume the
costs of publishing this chapter.
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5-18-53 Transmission of Documents to City. Unless otherwise
specifically provided, whenever the provisions of this Chapter
require transmission of documents from the Franchisee to the City,
such documents shall be mailed or delivered to the office of the
City Clerk, City Hall, Muscatine, Iowa 52761, or to such other
person as the City may in writing designate.
5-18-54 Severability. If any section, sentence, clause, or
phrase of this Chapter is held unconstitutional, unenforceable or
otherwise invalid, by the Federal Communications Commission, other
Federal or State regulatory body, or any court of competent
jurisdiction, such infirmity shall not affect the validity of this
Chapter, and any portions in conflict are hereby repealed.
5-18-55 Repealer. All ordinances or parts of ordinances in
conflict with the provisions of this Chapter are hereby repealed.
5-18-52
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TITLE 5 BUSINESS REGULATIONS
CHAPTER 19
CABLE TELEVISION SYSTEM FRANCHISE
Sections:
5-19-1 Term of Franchise
5-19-2 Effective Date of Franchise and Acceptance of
Franchise
5-19-3 Rebuild of System
5-19-4 Transfer of Franchise
5-19-5 Severability
5-19-6 Adoption
5-19-7 Equal Protection
5-19-1 Term of Franchise . Cablevision VII Inc., its
successors and assigns, is hereby granted a renewal of their non-
exclusive right, franchise and authority for a period of fifteen
(15) years to erect, maintain and operate a Cable Television
System in Muscatine, Iowa, and to sell and supply individuals,
firms and corporations within the corporate limits of the City of
Muscatine, Iowa, Cable Service and other services in, along,
among, upon, across, above, over, under, or in any manner
connected with Public Ways within the Service Area and for that
purpose to erect , install , construct , repair , replace ,
reconstruct, maintain or retain in, on, over, under, upon,
across, or along any Public Way and all extensions thereof and
additions thereto, such poles, wires, cables, conductors, ducts,
conduits, vaults, manholes, pedestals, amplifiers, appliances,
attachments, and other related property or equipment as may be
necessary or appurtenant to the Cable System, subject to the
conditions and restrictions provided and subject to the cable
television regulatory ordinance, passed and adopted July 21,
1994.
5-19-2. Effective Date of Franchise and Acceptance of
Franchise. This franchise and all rights thereunder shall become
effective after final passage and publication hereof; within
thirty (30) days after the effective date of this franchise
ordinance renewal, Cablevision VII Inc. shall file with the Clerk
an acceptance in writing of this franchise renewal and pay all
costs as required under the laws of the State of Iowa.
5-19-3 . Rebuild of System . The Franchisee shall
rebuild/upgrade its system to a capacity capable of at least 60
channels utilizing fiber optics as necessary to replace existing
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trunkline in a manner which permits the Franchisee to take full
advantage of the benefits of that technology, including increased
reliability and improved system performance. Work shall be
completed no later than December 31, 1998.
5-19-4 Transfer of Franchise. The Franchisee's right, title,
or interest in the Franchise shall not be sold, transferred,
assigned, or otherwise encumbered, other than to an entity
controlling, controlled by, or under common control with the
Franchisee, without the prior consent of the Franchising Authority,
such consent not to be unreasonably withheld. No such consent shall
be required, however, for a transfer in trust, by mortgage, by
other hypothecation, or by assignment of any rights, title, or
interest of the Franchisee in the Franchise or System in order to
secure indebtedness. Within 30 days of receiving the request for
transfer, the Franchising Authority shall in accordance with FCC
rules and regulations, notify the Franchisee in writing of the
information it requires to determine the legal, financial and
technical qualifications of the transferee.
5-19-5 Severability. If any section, subsection, sentence,
clause, phrase, or portion of this franchise ordinance shall be
held invalid or unenforceable or unconstitutional, the remaining
provisions shall remain in full force and effect.
5-19-6 Adoption. This franchise renewal was awarded by the
City Council on August 18, 1994 and was published as required on
September 7, 1994 and therefore, this franchise renewal shall
expire on September 7, 2009.
5-19-7 Equal Protection'. In the event the Franchising
Authority enters into a franchise, permit, license authorization or
other agreement of any kind with any other person or entity other
than the Franchisee to enter into the Franchising Authority's
streets and Public Ways for the purpose of constructing or
operating a Cable System or providing Cable Service to any part of
the Service Area, the material provisions thereof shall be
reasonably comparable to those contained herein, in order that the
operator not be granted an unfair competitive advantage over
another and to provide all parties equal protection under the law.
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TITLE 5 BUSINESS REGULATIONS
CHAPTER 20
RESIDENTIAL SALES
SECTIONS:
5-20-1
Purpose
5-20-2
Definitions
5-20-3
Signs
5-20-4
Residential Sale Regulations
5-20-5
Enforcement
5-20-1 Purpose. The purpose of this Chapter is to regulate the
signage and actual sale of personal property from residentially
zoned property to prevent undue commercialization of residential
neighborhoods.
5-20-2 Definitions. For the purposes of this Chapter, the
following terms set forth have the following meanings:
(A) "Residential Sale" shall mean the sale from a lot or parcel of
items of personal property either belonging to the owner or
permitted by the owner to be sold on said parcel or lot. "Residential
Sale" shall include the commonly referred terms "yard sale" ,
"porch sale" , garage sale" , "rummage sale" , "bazaar", etc.
"Residential Sale" shall not be defined as any sale of new
property, property sold from any zone other than residential,
and special events which would require approval of the City.
(B) "Residential Zone" shall be any lot or parcel which is located
in an "R" District as shown on the official Zoning Map for the
City.
(C) "Substantiated Complaint" shall be a complaint received by the
City alleging a violation of this Chapter which shall require
the complaining party to assist the City in a prosecution; up to
and including testimony in a court of law.
(D) "Sign" shall mean any temporary sign advertising a residential
sale.
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5-20-1
5-20-2
5-20-3 Signs. The following regulations shall govern the number,
type, location, and duration for all signs associated with
residential sales:
(A) A resident shall be limited to not more than one non-illuminated
sign, which shall be wholly maintained on private property, not to
exceed four (4) square feet in area, to advertise the sale. Other
signs are prohibited.
(B) Residential sale signs shall not be erected until twenty-four
(24) hours prior to the sale and shall be removed within twenty-
four (24) hours of the expiration of the same.
(C) Signs shall not be placed within any public right-of-way. Signs
which are noticed by any City employee to be placed in violation
of this Section shall be removed immediately by that employee
and disposed of. Violation of this Section shall result in the
issuance of a citation to the owner of the property referenced
on the sign as follows:
1. Upon the first conviction, the owner shall be subject to
the payment of a fine of ten dollars ($10.00); upon the second
and subsequent conviction, the owner shall be fined twenty-
five dollars ($25.00); and upon the third and all subsequent
convictions, shall be fined an amount not less than fifty
dollars ($50.00) nor more than seventy-five dollars ($75.00)
or be subject to not more than thirty (30) days in jail.
5-20-4 Residential Sales Regulations. Persons conducting
residential sales shall comply with the following regulations
governing these sales:
(A) A residential sale shall be limited to a term not exceeding
seventy-two (72) hours in length.
(B) Not more than three (3) residential sales may be conducted from
any lot or parcel during the calendar year.
5-20-5 Enforcement. It shall be the policy of the City to
enforce the regulations under this Chapter by "substantial
complaint", except as provided in Section 5-20-3.
5-20-3
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