Microsoft Word - Title 5 - Business Regulations _Repaired

TITLE

BUSINESS REGULATIONS

SUBJECT

CHAPTER

AMUSEMENTS

AUCTIONEER Repealed 6/82 81104

BEER AND LIQUOR

BILL POSTING

BILLIARDS; BOWLING

CIGARETTES

CIRCUSES; CARNIVALS

EXCURSION GAMBLING BOAT - ADMISSION FEE

GAS FRANCHISE

SALVAGE, JUNK DEALERS, AND REFUSE HAULERS

MASSAGE ESTABLISHMENTS AND TECHNICIANS

PARADES

PAWNBROKERS

PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS

PERMITS, LICENSES, BONDS, FEES

SALES ON CITY PROPERTY

TAXICABS

CABLE TELEVISION SYSTEM

CABLE TELEVISION FRANCHISE

RESIDENTIAL SALES

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.

5-1-1

5-1-3

- 169-

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.

5-2-1

5-2-2

- 170 -

12/29/00 87830-1200

(Next Page is 172)

5-3-1

TITLE 5 BUSINESS REGULATIONS

CHAPTER 3

BEER AND LIQUOR

SECTIONS:

5-3-1 Purpose

5-3-2 Definitions

5-3-3 Eligibility for Liquor Control License or Beer Permit

5-3-4 Conditions for Approval of License or Permit; Premises

5-3-5 Beer Permits; Classes

5-3-6 Liquor Licenses; Classes

5-3-7 Separate Locations; Class “B” or “C”

5-3-8 Application, Contents; Bond

5-3-9 Investigation of Applicant

5-3-10 Application for Renewal of Permit

5-3-11 Civil Liability

5-3-12 License and Permit Fees

5-3-13 Nature of License or Permit

5-3-14 Action by Council

5-3-15 Expiration of License or Permit

5-3-16 Refunds

5-3-17 Transfers

5-3-18 Prohibited Sales and Acts

5-3-19 Beer Brand Signs Prohibited

5-3-20 Suspension and Revocation

5-3-21 Effect of Revocation

5-3-22 Appeal and Hearing

5-3-23 Consumption in Public Places; Possession of Open Containers; Intoxication

5-3-24 Persons Under Legal Age

5-3-25 Dancing Permitted; License

5-3-26 Penalties

5-3-27 Persons Under Legal Age Frequenting Taverns

5-3-28 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.

- 172 -

3/84 81735

5-3-2

5-3-2 Definitions. Where words and phrases used in this Ordinance are defined by

state law, such definitions shall apply 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 for a profit other

than such profits as would accrue to the entire membership.

- 173 -

5-3-2

5-3-4

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 premises 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 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.

- 174 -

4/7/88 83317

5-3-4

5-3-6

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.

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

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 sold

for consumption off the premises.

- 175 -

5-3-6

5-3-9

(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 (17%) 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 band 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 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 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

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.

- 176 -

5-3-10

5-3-15

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.

- 177 -

5-3-16

5-3-18

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, or give to any intoxicated person, or one simulating intoxication, any

alcoholic liquor or beer.

-178-

5-3-18

(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.

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 aerola thereof with less then a full opaque covering.

(I) AMATEUR FIGHTING AND BOXING

1. No person, individual, association, corporation, partnership or club holding a

liquor control license, wine or beer permit, which authorizes on the premises

consumption, nor his or her agents or employees shall allow an amateur fighting

or boxing match to occur on said premises.

- 179 -

4/84 81793

1/12/07 89962-1206

5-3-18

5-3-20

2. No person shall participate in an amateur fighting or boxing match in an

establishment holding a liquor control license, wine or beer permit, which

authorizes on the premises consumption.

3. No person shall promote, advertise, or organize an amateur fighting or boxing

match in an establishment holding a liquor control license, wine or beer permit,

which authorizes on the premises consumption.

4. "Amateur fighting and boxing match" means a boxing, wrestling, mixed martial

arts fighting, extreme fighting, ultimate fighting or shoot fighting match, contest,

event or exhibition for which the contestants are not paid or awarded a prize for

their participation.

5. Any violation of this section shall be considered a municipal infraction punishable

by a civil penalty of seven hundred fifty dollars ($750.00) for first offense and

one thousand dollars ($1,000.00) for second and subsequent offenses.

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.

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.

- 180 –

1/12/07 89962-1206

5-3-20

5-3-24

(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 ore 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 beverage 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.

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.

-181-

5-3-24

5-3-28

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 being 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.

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 subsections (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 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.

- 182 -

3/84 81735

4/7/88 83317

5-3-27

5-3-28

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

carryout is related to and necessary for custodial, maintenance, and other bona fide

employment purposes.

-182A-

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.

- 183 -

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.

- 184 -

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

-188-

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

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.

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

- 190 -

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

- 191 - (See Next Page 193)

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.

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

- 194 -

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.

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.

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.

following:

1. The full name, address, and social security number of the

applicant.

5-11-3

5-11-4

- 197 -

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.

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

- 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.

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

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

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.

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

- 206 -

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

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.

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

Bicycles (L)

7-3-1

Police

Dept

None

Billiards Table (L)

5-5-1

Clerk

$17

None

Bill Posting (L)

5-4-1

Clerk

$10

$25

$100

None

Bowling Alleys (L)

5-5-1

Clerk

$ 11/Lane

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

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

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

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

Electrical (P)

8-3-6

Bldg Dept

Use Schedule I(B)

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

Food Establishments (L)

9-1-4

Health

Officer

As Per State Code

None

Gaming Tables (L)

5-5-1

Clerk

$17

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)

Statutory

Hotels (L)

9-1-4

Health

Officer

As Per State Code

None

Housing Rental (P)

8-5-4

Bldg Dept

$ 15 1st

Inspection

$20 Call Back

None

Juke Boxes (L)

5/1/2001

Clerk

$25

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.

Statutory

Levee Use or Imp. (P)

3-4-1

Bldg Dept

Depends on Use

Liquor (L)

5-3-6

Clerk

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

Motels (L)

9-1-4

Health

Officer

As Per State Code

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

Peddlers (L)

5-14-2

Clerk

$15

$30

$40

$110

$1,000

None

Perculation Test

4-6-3

Bldg Dept

$65

None

Pinball Machines (L)

5-1-1

Clerk

$30

None

Plumbing (P)

8-9-4

Bldg Dept

Use Schedule I(D)

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

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)

Statutory

Restaurant (L)

9-1-4

Health

Officer

As Per State Code

None

Rezoning Request

10-22-7(B)

Bldg Dept

$100

None

Roller Skating Rink (L)

5-1-1

Clerk

$110

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)

Statutory

Septic Tank (P)

4-6-3

Bldg Dept

$25

None

Sewer Repair-Tap (L)

4-6-2

Bldg Dept

$25

None

Shooting Gallery (L)

5-1-1

Clerk

$110

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

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

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

Transient Merchant (L)

5-14-2

Clerk

$15

$30

$40

$110

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)

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)

Statutory

Zoning Appeal

10-22-2(C)

Bldg Dept

$50

None

Zoning Variance

10-22-2(D)

Bldg Dept

$50

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

- 224 -

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

- 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.

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

- 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

- 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

- 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

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.

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.

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;

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

5-18-16

5-18-19

- 237 -

85597-0894

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.

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

5-18-19

- 238 -

85597-0894

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.

5-18-19

- 239 -

85597-0894

(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

5-18-19

5-18-20

- 240 -

85597-0894

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.

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

5-18-20

- 241 -

85597-0894

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

5-18-20

- 242 -

85597-0894

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