Chapters:
    5.04 COMMERCIAL DISTRICT MANAGEMENT AUTHORITY
    5.08 ADULT-ORIENTED ENTERTAINMENT ESTABLISHMENTS
    5.12 AUCTIONS
    5.16 BANKRUPT, FIRE AND CLOSE-OUT SALES
    5.20 BOXING MATCHES
    5.22 CABLE TELEVISION FRANCHISES
    5.24 COIN-OPERATED MACHINES
    5.28 FORTUNE-TELLING
    5.32 HAWKERS, PEDDLERS AND TRANSIENT MERCHANTS
    5.36 JUNKYARDS AND SECONDHAND DEALERS
    5.40 MINIATURE GOLF COURSES
    5.44 PLAYS, CONCERTS AND CIRCUSES
    5.48 POOLROOMS AND BOWLING ALLEYS
    5.52 RESTAURANTS
    5.56 SKATING RINKS
    5.60 THEATERS
    5.64 TOWING COMPANIES
 

Sections:
    5.04.010 Boundary.
    5.04.020 Definitions.
    5.04.030 Business association rules and procedures.
    5.04.040 Downtown business district license.
    5.04.050 Fund.
    5.04.060 Civil penalty.
    5.04.070 Appeals board.
    5.04.080 Right to appeal.
    5.04.090 Applicability of other provisions.
    5.04.100 Additional rules and regulations.
    5.04.110 Use of fees.
    5.04.120 Purpose of authority.
    5.04.130 Restrictions on authority.
    5.04.140 Licensing period.
    5.04.150 Exhibit A--Central Salisbury Revitalization District Boundary Description.
    5.04.160 Exhibit B--Commercial district management authority licensing fees.

Section 5.04.010 Boundary.
    The area located within the boundaries set forth herein is declared to be a commercial district and may be referred to as the "Central Salisbury Revitalization District," described as found in Exhibit A, Section 5.04.150.* (Prior code § 7-1)

* Editor's note: The preamble to ordinance 1418 also stated the following:
    "WHEREAS, it has been determined by the Council of the City of Salisbury that a Commercial District Management Authority for the Central Salisbury Revitalization District is in the best interest of the businesses in that district and of the citizens of Salisbury, stating the following:
    "1. The Central Salisbury Revitalization District in the City of Salisbury serves an important function in city life. It provides a marketplace for employees of businesses, professionals, residents of the city and plays an important role in the identity of the city.
    "2. The success of the Central Salisbury Revitalization District provides benefits to all businesses, including professionals in the district, through direct benefits of a shopping area, as well as the indirect benefits of business development for the district and the city.
    "3. In order for the Central Salisbury Revitalization District to compete more efficiently for business with suburban shopping centers, funds and a management system arc necessary to provide marketing and promotional activities for the entire district.
    "4. The businesses in the city have indicated a strong need for management in the district and fundraising mechanics. The management program created by this ordinance is intended to provide necessary funding through a Business District license fee, which allows for promotional effort not economically feasible for individual businesses without such a program. The City Council finds that this serves a public purpose and enhances the general welfare of the citizens of Salisbury and the businesses in the Downtown Business District.
    "NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Council of the City of Salisbury that the Code of the City of Salisbury be added to by enacting a new chapter entitled 'Commercial District Management Authority,' and said chapter will state the following:"

Section 5.04.020 Definitions.
    As used in this chapter, the following terms shall have the meanings indicated:
    "Business association" means the incorporated organization of persons who operate retail, service, rental or professional businesses within the central Salisbury revitalization district which provides management and promotional services for the district.
    "Business establishment" means any retail, service, rental or professional business entity.
    "Central Salisbury revitalization district (also known as the "downtown business district")" means a designated geographic area in the city of Salisbury encompassing a concentration of retail and/or personal service business establishments.     "Exempt establishment" means any business establishment which is:
    A. Operated solely by a federal, state or local government entity, except for city-owned markets as described in Section 5.04.040(A);
    B. Operated by a nonprofit organization which is not engaged in a retail business;
    C. Operated primarily for the manufacture of products to be sold at wholesale in the district; or
    D. A parking lot.
    "Licensable space" means the number of square feet of space in a business establishment subject to the license fee in accordance with the fee calculation method as set forth in Exhibit B, Section 5.04.160. Space used primarily for warehousing shall not be included for purposes of determining licensable square footage.
    "Main floor" means the largest primary business floor of the retail establishment.
    "Person" includes any individual, firm, corporation, partnership or joint venture. (Prior code § 7-2)

Section 5.04.030 Business association rules and procedures.
    A. A business association of the district comprised of the licensees of the district shall be incorporated under the laws of Maryland, and a copy of its charter and bylaws shall be filed with the city clerk. The bylaws shall include, without limitation, membership requirements, voting rights, procedure for calling meetings and voting on rates, budgets and related matters. The bylaws shall provide that each licensee shall have one vote per licensed business establishment. The business association shall be responsible for the conduct of a management program to provide promotional services for the district and for the administration of the funds provided through the license fee procedure set forth in this chapter. Voting on all budgetary matters shall be by the majority of the licensees, and no vote shall carry except by a majority of the votes cast.
    B. The business association created pursuant to this chapter shall provide in its bylaws that the business association cannot be dissolved except upon an affirmative vote of seventy-five (75) percent of its members, which must be ratified by the mayor and city council by ordinance.
    C. On an annual basis, the business association representing the district shall file with the city clerk:
    1. An annual budget setting forth projected expenditures for advertising, promotions and related activities and administrative expenses;
    2. Any amendments to the charter or bylaws made during the preceding year;
    3. A letter of intent of the business association to expend the funds transferred to the district in accordance with the annual budget.
    D. In the event that the business association representing the district intends to request from the city council of the city of Salisbury a request for additional funds, it shall comply with all procedures associated with the normal budget process and a request for funds and a budget must be submitted to the mayor's office no later than February 1st of each year in which it intends to request additional funds. (Prior code § 7-3)

Section 5.04.040 Downtown business district license.
    A. No person shall operate any business establishment within the downtown business district without obtaining an annual license, to be known as the "downtown business district license," from the treasurer of the city. The operator of any exempt establishment shall not be required to obtain a business district license and shall not be eligible to use the management services provided by the business association for the district. To the extent that the central Salisbury revitalization district includes within its boundaries a public market owned by the city, and business operated by any merchant in such market shall be included within the downtown business district and subject to this chapter.
    B. The fee for the downtown business district license shall be as set forth in Exhibit B, Section 5.04.160.
    C. The business association shall certify to the treasurer on a yearly basis the following:
    1. The name, business address and mailing address of the person(s) responsible for payment of the downtown business district license fee for each business establishment;
    2. The fee due from each business establishment, other than an exempt establishment.
    D. The downtown business district license fee shall be in two categories: category one, pertaining to retailers; category two, pertaining to professional service, rental and all nonretail establishments in the district. The rate for the 1988 calendar year shall be as set forth in Exhibit B, Section 5.04.160. There shall be no rate change for successive years unless the district, by a majority vote of the licenses therein, suggests a rate change, which shall be ratified by the mayor and city council by ordinance.
    E. The treasurer shall collect the fee from the responsible person of each business establishment. The downtown business district license fee shall be due and payable on January 1st of each and every year, and the entire charge prescribed for the year shall be collected when the license is issued. The treasurer shall not collect the downtown business district license fee due and payable on January 1, 1999, January 1, 2000, and January 1, 2001, January 1, 2002 and January 1, 2003.
    F. Subject to all applicable provisions of other ordinances of the city, statutes of Maryland and laws of the federal government, the downtown business district licenses shall be transferable, upon written notice to the treasurer, and renewable from year to year during the continuous operation of the business by the downtown business district licensee within the downtown business district and so long as such area continues to be designated as a commercial district.
    G. In the event that any person commences business operations in the business district subsequent to January 1st in any year, the treasurer may prorate the amount of the fee due and payable based on the number of months of operation during the licensing year. There shall be no refund for any business that ceases operation during the licensing year. (Ord. 1829, 2001; Ord. 1738 § 1, 1999)

Section 5.04.050 Fund.
    A. The treasurer shall maintain a special fund account for the central Salisbury revitalization district, and said special fund shall be credited with the collections of the downtown business district license fees from the district.
    B. The treasurer, with the approval of the mayor and council, may set a reasonable fee to be charged to the district for the collection, accounting, legal and administrative services performed by the city, in an amount not to exceed the actual cost of the services.
    C. Each year, on a quarterly basis, the treasurer shall transfer to the business association for the district the license fees collected for the district, less any administrative fees charged.
    D. The fund comprised of the license fees collected for the district in accordance with this chapter shall be utilized solely for the purposes determined by the licensees. (Prior code § 7-5)

Section 5.04.060 Civil penalty.
    Any person liable to pay the downtown business district license fee who fails to pay the same within thirty (30) days after billing date and payable shall be subject to a civil penalty of ten percent of the fee and interest at the rate of one percent per month, or a fraction thereof, in addition to the annual license fee. The appeals board created in Section 5.04.070 is authorized for good and sufficient cause to waive the imposition of this penalty and interest in its entirety or a portion thereof prior to the institution of civil prosecution. Failure to pay said penalty and interest when due shall subject the violator to civil prosecution, including possible liens, payment of court costs and reasonable attorneys' fees. (Prior code § 7-6)

Section 5.04.070 Appeals board.
    There shall be an appeals board to hear and decide appeals arising under this chapter. The members of the appeals board shall be appointed by the mayor and council of the city of Salisbury. The appeals board, by a majority vote thereof, shall have the authority to reverse or affirm, wholly or partially, or modify the determination, decision, order or notice appealed from, and may give or make such determination, decision, order or notice as ought to be made; provided, however, that nothing contained herein shall be construed as authorizing the appeals board to waive, set aside or in any manner change any provision or provisions of this chapter, other than as authorized in the penalty section and as to any question arising as to the determination of square footage, nor any decision made by the mayor and the city council pursuant to this chapter. (Prior code § 7-7)

Section 5.04.080 Right to appeal.
    If any licensee or prospective licensee who is or will be liable for the payment of the downtown business district license fee disagrees with or is aggrieved by any determination, decision, order or notice of any kind, which is made, rendered, issued or given under the provisions of this chapter, such licensee or prospective licensee, within thirty (30) days after written notice of such action or determination has been given or mailed to him, shall have the right to bring the matter in dispute before the appeals board by written request setting forth in full the reasons for said appeal. (Prior code § 7-8)

Section 5.04.090 Applicability of other provisions.
    Any person who owns or operates a business establishment in the downtown business district shall be subject to all applicable provisions of all other ordinances of the city of Salisbury, statutes of Maryland and the laws of the federal government. (Prior code § 7-9)

Section 5.04.100 Additional rules and regulations.
    The mayor and council of the city of Salisbury are authorized and empowered to make, adopt, promulgate and amend, from time to time, such rules and regulations as the mayor and council deem necessary or proper to carry out and enforce the provisions of this chapter and to define or construe any of the terms or provisions of this chapter, including rules for the appeals board created herein. A copy of said rules and regulations, when created, shall be filed with the city clerk of the city of Salisbury. (Prior code § 7-10)

Section 5.04.110 Use of fees.
    Any fees imposed under this chapter shall be used only for the purposes stated in this chapter and may not revert to the general fund of the city of Salisbury. (Prior code § 7-11)

Section 5.04.120 Purpose of authority.
    The purpose of the commercial district management authority shall be promotion and marketing. (Prior code § 7-12)

Section 5.04.130 Restrictions on authority.
    The authority established pursuant to this chapter may not exercise the power of eminent domain, purchase, sell, construct or, as a landlord, lease office or retail space or, except as otherwise authorized by law, otherwise engage in competition with the private sector. (Prior code § 7-13)

Section 5.04.140 Licensing period.
    For the purposes of the downtown business district specified in this chapter, the initial licensing period shall begin January 1, 1988, and shall end December 31, 1988, and subsequent licensing periods shall begin January 1st of each year thereafter, with bills due and payable thirty (30) days from the date of billing. (Prior code § 7-14)

Section 5.04.150 Exhibit A--Central Salisbury Revitalization District Boundary Description.
    The boundaries of the Commercial District Management Authority (CDMA) shall begin at the point of intersection of South Salisbury Boulevard, also known as "U.S. Route 13," and East Carroll Street; thence generally in a westerly direction by the center line of East Carroll Street and West Carroll Street a distance of approximately one thousand six hundred (1,600) feet to the point of intersection of West Carroll Street and Waverly Drive; thence in a southerly direction by the center line of Waverly Drive a distance of approximately two hundred (200) feet; thence generally in a westerly direction by and with the southerly and back lot lines of the lands binding on the south side of West Carroll Street a distance of approximately one thousand three hundred forty (1,340) feet to the center line of Camden Avenue; thence in a northerly direction by the center line of Camden Avenue a distance of approximately three hundred (300) feet to the center line of Riverside Drive; thence in a southwesterly direction by the center line of Riverside Drive a distance of approximately five hundred (500) feet to a point on an extension of the southwesterly boundary line of the lands of Jerome Isear, formerly owned by Victor Lynn Lines; thence in a northwesterly direction by the southwesterly boundary line of Jerome Isear a distance of approximately three hundred fifty (350) feet to the thread of Wicomico River; thence in a southwesterly direction by the thread of Wicomico River a distance of approximately one thousand six hundred (1,600) feet to an extension of the easterly boundary of the Chesapeake Shipbuilding Yard; thence in a northerly direction by the easterly boundary of the Chesapeake Shipbuilding Yard a distance of approximately nine hundred fifty (950) feet to the center line of Fitzwater Street; thence generally in an easterly direction by the center line of Fitzwater Street and West Main Street a distance of approximately two thousand seventy (2,070) feet; thence generally in a northerly direction by the westerly and back lot lines of the lands binding on the west side of Lake Street a distance of approximately four hundred eighty (480) feet to the southerly right-of-way line of Salisbury Parkway also known as "U.S. Route 50"; thence generally in an easterly direction by and with the southerly right-of-way line of Salisbury Parkway a distance of approximately three thousand (3,000) feet to the center line of North Salisbury Boulevard; thence in a southerly direction by the center line of North Salisbury Boulevard and South Salisbury Boulevard a distance of approximately one thousand six hundred (1,600) feet to the point of beginning and containing approximately one hundred thirty (130) acres. (Prior code Ch. 7, Exh. A)

Section 5.04.160 Exhibit B--Commercial district management authority licensing fees.
    A. Category 1: Retail License Fee Schedule.
 

Main Floor Licensable Space (square feet)	Annual License Fee
0 to 1,000	$200.00
1,000 to 2,500	300.00
2,501 to 5,500	500.00
Over 5,501	900.00

    B. Category 2: Professional and Service License Fee Schedule.
    Each professional, service, nonretail or rental business establishment within the district will be subject to the following fee structure based upon the total number of square feet of floor space for each business establishment:
 

Total Licensable Space (square feet)	Annual License Fee
0 to 500	$ 75.00
Over 501	150.00

(Prior code Ch. 7, Exh. B)
 
 

Sections:
    5.08.010 Definitions.
    5.08.020 General requirements.
    5.08.030 Responsibilities of operators and employees.
    5.08.040 Responsibility of owners.
    5.08.050 Violations--Penalties.
    5.08.060 Severability.
    5.08.070 Enforcement.

Section 5.08.010 Definitions.
    For the purpose of this chapter, the following words and phrases shall mean:
    "Adult bookstore" means an establishment having as its stock-in-trade, for sale, rent, lease, inspection or viewing, books, films, video cassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas as defined below and, in conjunction therewith, have facilities for the presentation of adult-oriented entertainment, as defined below, including adult-oriented films or movies for observation by patrons therein.
    "Adult-oriented entertainment" means the exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, actual or simulated specified sexual activities or specified anatomical areas, as defined below, or the removal of articles of clothing or appearing partially or totally nude.
    "Adult-oriented entertainment establishment" includes, but is not limited to, adult bookstores, and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, rooms, cubicles, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented entertainment, whether or not such adult-oriented entertainment is held, conducted, operated or maintained for a profit, direct or indirect.
    "Operators" means any person, partnership or corporation operating, conducting, maintaining or owning any adult-oriented entertainment establishment.
    "Specified anatomical areas" means:
    1. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; or
    2. Human male genitals in a discernible turgid state, even if opaquely covered.
    "Specified sexual activities," simulated or actual means:
    1. Showing of human genitals in a state of sexual stimulation or arousal;
    2. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio or cunnilingus; or
    3. Fondling or erotic touching of human genitals, pubic region, buttock or female breasts. (Prior code § 41-29)

Section 5.08.020 General requirements.
    Any adult-oriented entertainment establishment having available for customers, patrons or members any booth, room, cubicle, compartment or stall for private viewing of any adult-oriented entertainment must comply with the following requirements:
    A. Access. Each such booth, room, cubicle, compartment or stall shall be accessible solely from aisles and public areas of the adult-oriented entertainment establishment and shall be unobstructed by any door, curtain or any other control device.
    B. Construction. Every such booth, room, cubicle, compartment or stall shall meet the following construction requirements:
    1. It shall be separated by walls from adjacent booths, rooms, cubicles, compartments or stalls and any other nonpublic area;
    2. It shall be located within the establishment so as to provide a totally unobstructed view from a location where the employee, operator or owner is stationed and can monitor the activities within every booth, room, cubicle, compartment or stall within the establishment;
    3. It shall have the side facing the public room totally open and unobstructed from view at all times by anyone in such public room;
    4. Every video screen shall be positioned within the booth, room, cubicle, compartment or stall in a manner so as to be hidden from view from persons in the public area;
    5. The lighting of the public room shall be a minimum of twenty (20) footcandles at all times, as measured from the floor;
    6. All walls within each booth, room, cubicle, compartment or stall shall be solid and without openings, extended from the floor a minimum of six feet and be light-colored, nonabsorbent, smooth-textured and easily cleanable;
    7. All floors within each booth, room, cubicle, compartment or stall shall be light-colored, nonabsorbent, smooth-textured and easily cleanable;
    C. Occupants. Only one individual shall occupy a booth, room, cubicle, compartment or stall at any time.
    D. Prohibited Activities.
    1. It is unlawful for any occupant of a booth, room, cubicle, compartment or stall to engage in any type of sexual activity, cause any bodily discharge or litter while in the booth, room, cubicle, compartment or stall.
    2. It is unlawful for any person to damage or deface any portion of the booth, room, cubicle, compartment or stall.
    3. It is unlawful for any employee, operator or owner of such adult-oriented entertainment establishment to engage in any of the acts enumerated in subsection (D)(1) or (D)(2) of this section or allow any person to engage in any activity set forth in subsection (D)(1) or (D)(2) of this section. (Prior code § 41-30)

Section 5.08.030 Responsibilities of operators and employees.
    A. Every act or omission by an employee of an adult-oriented entertainment establishment, constituting a violation of the provisions of this chapter, shall be deemed to be the act or omission of the operator of that adult-oriented entertainment establishment. The operator shall be punishable for any such act or omission in the same manner as one who has committed the act or caused the omission.
    B. No employee, operator, owner or agent of an adult-oriented entertainment establishment shall allow any minor to enter, to loiter around or to frequent such establishment or allow any minor to view any adult-oriented entertainment.
    C. The operator shall maintain the premises in a clean and sanitary manner at all times.
    D. The operator shall see that the proper illumination is maintained at all times within the adult-oriented entertainment establishment.
    E. The operator shall ensure compliance of the establishment and its patrons with the provisions of this chapter. (Prior code § 41-31)

Section 5.08.040 Responsibility of owners.
    Any violation of this chapter perpetrated by any employee or operator of an adult-oriented entertainment establishment shall be deemed to be an action of the owner and subject the owner to the fines and penalties set forth herein. (Prior code § 41-32)

Section 5.08.050 Violations--Penalties.
    A. Any person, partnership or corporation who is found to have violated this chapter shall be guilty of a misdemeanor and fined a sum not exceeding one thousand dollars ($1,000.00) or be imprisoned for a period not to exceed six months, or both.
    B. Each violation of this chapter shall be considered a separate offense and any violation continuing more than one day shall be considered a separate offense. (Prior code § 41-33)

Section 5.08.060 Severability.
    The invalidity of any portion of this chapter will not affect the validity of the other portions of this chapter. (Prior code § 41-34)

Section 5.08.070 Enforcement.
    The city of Salisbury police department shall have the authority to enter any adult-oriented entertainment establishment at all reasonable times, including but not limited to normal business hours, to inspect the premises and enforce this chapter. (Prior code § 41-35)
 

Sections:
    5.12.010 Definitions.
    5.12.020 License required--Types of licenses.
    5.12.030 Hours of sale.
    5.12.040 Duration of sale days--Lapse of time between licenses.
    5.12.050 Place of auction.
    5.12.060 Indemnity bond for regular auction sales.
    5.12.070 Filing of statement and inventory of goods.
    5.12.080 Sale of articles not listed on statement or inventory prohibited.
    5.12.090 Application for license--Contents--Fees.
    5.12.100 Applicability of provisions.
    5.12.110 Separate offenses.

Section 5.12.010 Definitions.
    For the purpose of this chapter, the following terms shall have the meanings indicated:"Goods, wares or merchandise" means intended to cover only such articles or personal effects as are ordinarily sold by merchants in established stores at either retail or wholesale. (Prior code § 43-6)

Section 5.12.020 License required--Types of licenses.
    A. It is unlawful for any person to sell, dispose of or offer for sale or cause or permit to be sold, disposed of or offered for sale in the city at public auction any goods, wares and merchandise, whether the same shall be his own property or whether he sells the same as the agent or employee of another, unless there shall have been secured a license therefor from the city clerk.
    B. Licenses hereunder shall be of two kinds as follows:
    1. For regular and frequent auctions conducted as a regular business at the regular and usual auction rooms of an auctioneer duly licensed hereunder, hereinafter referred to as "regular auction sales."
    2. Occasional, irregular or casual auction sales conducted at the regular place of business or residence of the seller licensed hereunder for such purpose, hereinafter called "casual auction sales." (Prior code § 43-7)

Section 5.12.030 Hours of sale.
    A. Regular auction sales held pursuant to a license, as required in Section 5.12.020, shall be held only between the hours of ten a.m. and twelve midnight and at no time within the hours beginning at 12:01 a.m. and ending at 9:49 a.m.
    B. Casual auction sales held pursuant to a license, as required in Section 5.12.020, shall be held only between the hours of eight a.m. and six p.m. and at no time within the hours beginning at six p.m. and ending at eight a.m. (Prior code § 43-8)

Section 5.12.040 Duration of sale days--Lapse of time between licenses.
    A. Regular auction sales held pursuant to a license, as required in Section 5.12.020, shall not exceed two such sales per calendar month and shall not exceed four days in any calendar month.
    B. Casual auction sales held pursuant to a license, as required in Section 5.12.020, shall be held on successive days, Sundays and legal holidays excepted, but shall not continue for more than thirty (30) days in all. A period of at least three hundred sixty-five (365) days must have elapsed after the conclusion of any such sale before another such license shall be issued to the holder of such license. (Prior code § 43-9)

Section 5.12.050 Place of auction.
    A. Regular auction sales held pursuant to a license, as required in Section 5.12.020, shall be held only at the regular and usual auction rooms of some duly licensed auctioneer and shall be conducted entirely within such rooms enclosed within a building.
    B. Casual auction sales held pursuant to a license, as required in Section 5.12.020, shall be held at the place where the holder of such license resided or conducted business in the city for the period of at least ninety (90) days immediately prior to the commencement of such sale or at the regular and usual auction rooms of some duly licensed auctioneer. (Prior code § 43-10)

Section 5.12.060 Indemnity bond for regular auction sales.
    The provisions of Sections 5.12.070, 5.12.080 and 5.12.100 shall not apply to regular auction sales, but every auctioneer conducting any such regular auction sale shall furnish to the city an approved indemnity bond in the principal amount of two thousand dollars ($2,000.00) to cover the period of the permit to indemnify the city or any citizen thereof against loss due to fraud or misrepresentation practiced by such auctioneer or his agents or servants. (Prior code § 43-11)

Section 5.12.070 Filing of statement and inventory of goods.
    At the time of making application for a license, as required in Section 5.12.020, the applicant therefor shall file with the city clerk a statement setting forth the name and address of the person whose goods, wares and merchandise are proposed to be sold at auction, the place at which for the year next preceding the date of the application the owner of such goods, wares and merchandise conducted his business, the location of the proposed sale and its purpose and probable duration and the name and address of the auctioneer who will conduct such sale, together with an inventory giving in detail the quality, quantity, kind or grade of the goods, wares and merchandise proposed to be sold. Such inventory shall contain a statement that no items or articles belonging to any other person than as stated in the application for the license are included in the sale. The inventory shall be subscribed by the owner of the goods, wares and merchandise to be sold and the subscriber shall verify the same by oath before a notary public. (Prior code § 43-12)

Section 5.12.080 Sale of articles not listed on statement or inventory prohibited.
    No items or articles not set forth in the statement and inventory referred to in Section 5.12.070 shall be sold or offered for sale at a sale held pursuant to a license as required in Section 5.12.020. The sale, at any sale held pursuant to such license, of any items or articles not so set forth in such statement and inventory shall constitute a violation of the provisions of this chapter, and the person so selling such items or articles shall be deemed personally to have violated the provisions of this chapter, as well as the owner of the articles or items sold. (Prior code § 43-13)

Section 5.12.090 Application for license--Contents--Fees.
    A. Every application for a license shall be sworn to by the applicant and contain the following statements:
    1. The class of license desired;
    2. The name and residence of the applicant and how long he resided at that address;
    3. A statement that the applicant is a citizen of the United States;
    4. A statement that the applicant has been a bona fide resident of the county for not less than five years immediately preceding the filing of the application and has been a registered voter of the county for not less than one year immediately preceding the filing of the application;
    5. The place of birth of the applicant and, if a naturalized citizen, when and where naturalized;
    6. The particular place for which a license is desired, designated by street and number, if practicable, and if not, by such other description as to give a definite location;
    7. The name of the owner of the premises upon which the business sought to be licensed is to be carried on;
    8. A statement as to whether the applicant has ever been judged guilty of any offense other than minor traffic violations;
    9. A statement that the applicant or the auctioneer is the only person in any way pecuniarily interested in such license or in the business to be conducted thereunder during continuance for the license applied for.
    B. Fees.
    1. The following fees shall be paid by the applicant for a license to conduct regular auction sales as required in Section 5.12.020 at the time such license is issued: two hundred fifty dollars ($250.00) for the calendar year January 1st to December 31st.
    2. The following fees shall be paid by the applicant for a license to conduct casual auction sales as required in Section 5.12.020 at the time such license is issued:
    a. where the stock on hand of any person who has been engaged continuously in business in the city for the period of one year next preceding the date of the application for such license as a retail or wholesale merchant of goods, wares or merchandise, a license fee of one hundred dollars ($100.00) shall be paid;
    b. Where a resident conducts a sale of his household goods on the premises of his residence, a license fee of ten dollars ($10.00) shall be paid;
    c. In all other cases, a license fee of five hundred dollars ($500.00) shall be paid. (Prior code § 43-14)

Section 5.12.100 Applicability of provisions.
    Nothing contained in this chapter shall be construed to apply or relate to judicial sales, sales by executors or administrators or sale by or on behalf of licensed pawnbrokers of unredeemed pledges in the manner provided by law. (Prior code § 43-15)

Section 5.12.110 Separate offenses.
    Each separate sale at public auction of any article of goods, wares and merchandise in violation of the provisions of this chapter shall constitute a separate and distinct offense and shall be punishable as such. (Prior code § 43-16)
 

Sections:
    5.16.010 License required--Fee--Renewal.
    5.16.020 Application for license--Contents--Filing.
    5.16.030 Nontransferability.
    5.16.040 License valid only for goods on hand prior to date of application.
    5.16.050 Applicability of provisions.

Section 5.16.010 License required--Fee--Renewal.
    A. No person shall represent or hold out that any sale of goods, wares and merchandise is an insurance, bankruptcy, mortgage, insolvency, assignee's, executor's, administrator's, receiver's, trustee's, creditor's, forced, removal or closing-out sale or a sale of goods, wares and merchandise damaged by fire, smoke, water or otherwise in the city unless that person shall have been in business in the city for not less than six months and unless that person shall have first obtained a license from the city clerk to do so and shall have paid a license fee of five dollars ($5.00) for one month or any factional part thereof.
    B. Such license may be renewed for periods of one month each; however, any and every renewal of a license may be issued only if approved by the city clerk. The license fee for each such renewal license shall be fifty dollars ($50.00) per month, and such fee shall be prorated on a daily basis for periods less than one month; provided, however, that the city clerk, may, in her discretion, waive such fee in its entirety if such renewal license shall be requested and approved for a period of seven consecutive calendar days or less. (Ord. 1729, 1999: prior code § 43-1)

Section 5.16.020 Application for license--Contents--Filing.
    Every person managing, conducting or carrying on a sale as specified in Section 5.16.010 shall make a written application to the city clerk for a license so to do. Such application shall be signed and sworn to by the applicant and shall state all the facts in regard to the contemplated sale and the period of time during which the sale shall be held, such period not to exceed one month, together with a statement that no goods, wares and merchandise have been purchased or received during the period of thirty (30) days immediately preceding the date of such application for the purpose of adding to that in stock for sale. The city clerk shall file the application and shall endorse thereon the date that such license is granted or refused. (Prior code § 43-2)

Section 5.16.030 Nontransferability.
    A license issued under the provisions of this chapter shall not be transferable. (Prior code § 43-3)

Section 5.16.040 License valid only for goods on hand prior to date of application.
    A license issued under the provisions of this chapter shall be valid only for goods on hand before the date of application and shall not cover any goods received after the date of application for the license. (Prior code § 43-4)

Section 5.16.050 Applicability of provisions.
    This chapter shall not apply to public or court officers or to any person acting under the direction of state or federal courts in the course of their official duties. (Prior code § 43-5)
 

Sections:
    5.20.010 License required.
    5.20.020 Issuance of license--Fees.

Section 5.20.010 License required.
    Every person who shall promote and conduct, within the city, a public exhibition, where admission is charged, directly or indirectly, of boxing matches, prize fights or wrestling matches shall, before conducting such exhibition, secure a license therefor from the council through the city clerk. (Prior code § 41-6)

Section 5.20.020 Issuance of license--Fees.
    A license, as required in Section 5.20.010, shall be issued by the city clerk to any person, as referred to in such section, who may be duly authorized and empowered by the state athletic commission or who may be otherwise authorized by the statutes of the state to conduct an exhibition, as referred to in such section, upon payment to the city clerk of the sum of ten dollars ($10.00) for each such exhibition. (Prior code § 41-7)
 

Sections:
    5.22.010 Short title.
    5.22.020 Definitions.
    5.22.030 Rights and privileges of grantee.
    5.22.040 Agreement and incorporation of application by reference.
    5.22.050 Franchise territory.
    5.22.060 Duration and acceptance of franchise.
    5.22.070 Franchise renewal.
    5.22.080 Police powers.
    5.22.090 Cable television franchise required.
    5.22.100 Use of grantee facilities.
    5.22.110 Initial franchise costs.
    5.22.120 Notices.
    5.22.130 Letter of credit/security deposit.
    5.22.140 Performance bond.
    5.22.150 Liability and insurance.
    5.22.160 Indemnification.
    5.22.170 Rights of individuals.
    5.22.180 Public notice.
    5.22.190 Service availability and record request.
    5.22.200 System construction.
    5.22.210 Construction and technical standards.
    5.22.220 Use of streets.
    5.22.230 Operational standards.
    5.22.240 Continuity of service mandatory.
    5.22.250 Complaint procedure.
    5.22.260 Grantee rules and regulations.
    5.22.270 Franchise fee.
    5.22.280 Transfer of ownership or control.
    5.22.290 Availability of books and records.
    5.22.300 Other petitions and applications.
    5.22.310 Fiscal reports.
    5.22.320 Removal of cable television system.
    5.22.330 Required services and facilities.
    5.22.340 Rules and regulations.
    5.22.350 Performance evaluation sessions.
    5.22.360 Rate change procedures.
    5.22.370 Forfeiture and termination.
    5.22.380 Foreclosure.
    5.22.390 Right of acquisition by the city.
    5.22.400 Receivership.
    5.22.410 Compliance with state and federal laws.
    5.22.420 Landlord/tenant.
    5.22.430 Applicant's bids for initial franchise.
    5.22.440 Financial, contractual, shareholder and system disclosure for initial franchises.

Section 5.22.010 Short title.
    This chapter shall be known and may be cited as the "Salisbury cable television franchise ordinance," hereinafter "franchise," or "ordinance." (Ord. 1669 (part), 1997)

Section 5.22.020 Definitions.
    For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein:
    "Affiliate" means each person who falls into one or more of the following categories: (i) Each person having, directly or indirectly, a controlling interest in the grantee; (ii) Each person in which the grantee has, directly or indirectly, a controlling interest; (iii) Each person, directly or indirectly, controlling, controlled by, or under common control with, the grantee; provided that "affiliate" shall in no event mean any creditor of the grantee solely by virtue of its status as a creditor and which is not otherwise an affiliate by reason of owning a controlling interest in, being owned by, or being under common ownership, common management, or common control with, the grantee.
    "Basic service" means any subscriber tier provided by the grantee which includes the delivery of local broadcast stations and public, educational and governmental access channels. The basic service does not include optional program and satellite service tiers, a la carte services, per channel, per program, or auxiliary services for which a separate charge is made. However, grantee may include other satellite signals on the basic tier.
    "Cable system" or "System" or "Cable television system" means a system of antennas, cables, wires, lines, towers, wave guides or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video and other forms of electronic, electrical or optical signals, which includes cable television service and which is located in the city. The definition shall not include any such facility that serves or will serve only subscribers in one or more multiple unit dwellings under common ownership, control or management, and which does not use city rights-of-way.
    "Cable service" means (1) The one-way transmission to subscribers of video programming or other programming service and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
    "Channel" means a portion of the electromagnetic frequency spectrum, which is used in a cable system and which is capable of delivering a television channel (as defined by the FCC).
    "City" means the city of Salisbury, Maryland.
    "Control" and/or "Controlling interest" shall mean actual working control or ownership of a system in whatever manner exercised. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person or entity (except underwriters during the period in which they are offering securities to the public) of twenty-five (25) percent or more of a cable system or the franchise under which the system is operated. A change in the control or controlling interest of an entity which has control or a controlling interest in a grantee shall constitute a change in the control or controlling interest of the system under the same criteria. Control or controlling interest as used herein may be held simultaneously by more than one person or entity.
    "Converter" means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view more than twelve (12) channels delivered by the system at designated converter dial locations.
    "Franchise area" means all of the geographic area within the city of Salisbury, Maryland.
    "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
    "Grantee" means a person or entity to whom or which a franchise under this chapter is granted by the city, along with the lawful successors or assigns of such person or entity.
    "Gross revenue" means any and all consideration of any kind or nature, including without limitation, cash, and credits, received by grantee which is derived from the provision of cable service to subscribers. Gross revenue does not include any revenue not actually received, even if billed (e.g., bad debt). Gross revenue also includes an allocated portion of all revenue derived by grantee from local advertising, home shopping, or other similar services. The allocation shall be based on the number of subscribers in the franchise area divided by the total number of subscribers on the system. Gross revenues shall include any revenue received by grantee or by any affiliate through any means which has the effect of avoiding the payment of franchise fees to the franchise authority which it is lawfully entitled to receive under the terms of this chapter.
    "Initial service area" means all areas in the city having at least twenty-five (25) dwelling units per street mile.
    "Installation" means the connection of the system from feeder cable to subscribers' terminals.
    "May" is permissive.
    "Normal business hours" as applied to the grantee, shall mean those hours during which similar businesses in the city are open to serve customers. In all cases, normal business hours shall include some evening hours at least one night per week, and/or some weekend hours.
    "Normal operating conditions" shall mean those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee 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 grantee 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.
    "Outage" shall mean the complete loss of picture, sound or both on multiple channels from a common problem which affects multiple customers.
    "Shall" is mandatory.
    "Service interruption" shall mean the loss of either picture or sound or both for a single subscriber.
    "Street" means the surface of and all rights-of-way and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the city for the purpose of public travel and shall include other easements or rights-of-way as shall be now held or hereafter held by the city which shall, within their proper use and meaning entitle the grantee to the use thereof for the purposes of installing poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a cable television system.
    "Subscriber" shall mean any person, firm, grantee, corporation, or association lawfully receiving basic and/or any additional service from grantee.
    "User" means a party utilizing a cable television system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity. (Ord. 1669 (part), 1997)

Section 5.22.030 Rights and privileges of grantee.
    Any franchise granted by the city shall grant to the grantee the right and privilege to erect, construct, operate and maintain in, upon and along, across, above, over and under the streets, now in existence and as may be created or established during its terms; any poles, wires, cable, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation of a cable system. (Ord. 1669 (part), 1997)

Section 5.22.040 Agreement and incorporation of application by reference.
    A. Upon adoption of any franchise agreement and execution thereof by the grantee, the grantee agrees to be bound by all the terms and conditions contained herein.
    B. Any grantee also agrees to provide all services specifically set forth in its application if any and to provide cable television service within the confines of the city; and by its acceptance of the franchise, the grantee specifically grants and agrees that its application is thereby incorporated by reference and made a part of the franchise. In the event of a conflict between such proposals and the provisions of this chapter, that provision which provides the greatest benefit to the city, in the opinion of the city, shall prevail. (Ord. 1669 (part), 1997)

Section 5.22.050 Franchise territory.
    Any franchise is for the present territorial limits of the city and for any area henceforth added thereto during the term of the franchise. (Ord. 1669 (part), 1997)

Section 5.22.060 Duration and acceptance of franchise.
    The franchise and the rights, privileges and authority granted shall take effect and be in force as set forth in the franchise agreement and shall continue in force and effect for a term of no longer than fifteen (15) years, provided that within fifteen (15) days after the date of final passage of the franchise the grantee shall file with the city its unconditional acceptance of the franchise and promise to comply with and abide by all its provisions, terms and conditions. Such acceptance and promise shall be in writing executed and sworn to, by, or on behalf of the grantee before a notary public or other officer authorized by law to administer oaths. Such franchise shall be nonexclusive and revocable. (Ord. 1669 (part), 1997)

Section 5.22.070 Franchise renewal.
    Franchise renewals shall be conducted in accordance with Section 626 of the Cable Communications Policy Act of 1984 as amended, or then applicable law. (Ord. 1669 (part), 1997)

Section 5.22.080 Police powers.
    A. In accepting this franchise, the grantee shall acknowledge that its rights hereunder are subject to the police power of the city to adopt and enforce general ordinances necessary to the safety and welfare of the public; and shall agree to comply with all applicable general laws and ordinances enacted by the city pursuant to such power.
    B. Any conflict between the provisions of this ordinance and any other present or future lawful exercise of the city's police powers shall be resolved in favor of the latter, except that any such exercise that is not of general application in the jurisdiction, or applies exclusively to the grantee or cable television systems which contains provisions inconsistent with this franchise, shall prevail only if upon such exercise the city finds an emergency exists constituting a danger to health, safety, property or general welfare or such exercise in mandated by law. (Ord. 1669 (part), 1997)

Section 5.22.090 Cable television franchise required.
    No cable television system shall be allowed to occupy or use the streets, i.e., rights-of-way, of the city for system installation and maintenance purposes, or be allowed to operate, without a franchise. (Ord. 1669 (part), 1997)

Section 5.22.100 Use of grantee facilities.
    The city shall have the right, during the life of this franchise, to install and maintain free of charge upon the poles of the grantee any wire or pole fixtures that do not unreasonably interfere with the cable television system operations of the grantee. The city shall indemnify and hold harmless the grantee from any claim that might arise due to or as a result of the city's use. (Ord. 1669 (part), 1997)

Section 5.22.110 Initial franchise costs.
    Costs to be borne by the grantee shall include any requirements or charges incidental to the awarding or enforcing of the initial franchise, but shall not be limited to, all costs of publications of notices prior to any public meeting provided for pursuant to this franchise, and any costs not covered by application fees, incurred by the city in its study, preparation of proposal documents, evaluation of all applications, and examinations of the applicants' qualifications. (Ord. 1669 (part), 1997)

Section 5.22.120 Notices.
    All notices from the grantee to the city pursuant to this ordinance shall be to the city mayor's office. The grantee shall maintain with the city, throughout the term of this franchise, an address for service of notices by mail. The grantee shall maintain a central office to address any issues relating to operating under the cable television ordinance codified in this chapter. (Ord. 1669 (part), 1997)

Section 5.22.130 Letter of credit/security deposit.
    A. Within fifteen (15) days after the award of the initial franchise, the grantee shall deposit with the city either an irrevocable letter of credit from a financial institution, a security deposit, or surety bond in the amount of fifty thousand dollars ($50,000.00) with the form to be established by the city. The form and content of such letter of credit security deposit, or surety bond shall be approved by the city attorney. These instruments shall be used to insure the faithful performance of the grantee of all provisions of this franchise; and compliance with all orders, permits and directions of any agency, commission, board, department, division or office of the city having jurisdiction over its acts or defaults under this franchise, and the payment by the grantee of any claims, liens, and taxes due the city which arise by reason of the construction, operation or maintenance of the system.
    B. The letter of credit security deposit, or surety bond shall be maintained at the amount established by the city for the entire term of this franchise, even if amounts have to be withdrawn pursuant to the cable television franchise agreement.
    C. If the grantee fails to pay to the city any compensation within the time fixed herein; or fails after thirty (30) days notice to pay to the city any taxes due and unpaid; or fails to repay the city within thirty (30) days, any damages, costs or expenses which the city is compelled to pay by reason of any act or default of the grantee in connection with this franchise, or fails, after thirty (30) days notice of such failure by the city to comply with any provision of this franchise which the city reasonably determines can be remedied by demand on the letter of credit, security deposit or surety bond, the city may immediately request payment of the amount thereof, with interest and any penalties, from the letter of credit or security deposit. Upon such request for payment, the city shall notify the grantee of the amount and date thereof.
    D. The rights reserved to the city with respect to the letter of credit, security deposit or surety bond are in addition to all other rights of the city, whether reserved by this franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such letter of credit shall affect any other right the city may have.
    E. The letter of credit shall contain the following endorsement: "It is hereby understood and agreed that this letter of credit, security deposit or surety bond may not be canceled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew."
    F. Upon receipt of the thirty (30) day notice, this shall be construed as a default granting the city the right to call on the surety for either the security deposit, letter of credit or performance bond, unless the grantee obtains substitute letter of credit, security deposit or surety bond.
    G. The city at any time during the term of the ordinance codified in this chapter may waive grantee's requirement to maintain a letter of credit or security deposit. The invitation to waive the requirement can be initiated by the city or grantee. (Ord. 1669 (part), 1997)

Section 5.22.140 Performance bond.
    A. Within thirty (30) days after the award of franchise, the initial grantee shall file with the city a performance bond in the amount of not less than fifty (50) percent of costs to install the system contained in the new application in favor of the city. This bond shall be maintained throughout the construction period and until such time as determined by the city, unless otherwise specified in a franchise agreement.
    B. If the grantee fails to comply with any law, ordinance or resolution governing the franchise, or fails to well and truly observe, fulfill and perform each term and condition of the franchise, as it relates to the conditions relative to the construction of the system, including the franchise agreement which is incorporated herein by reference, there shall be recoverable jointly and severally, from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee, plus a reasonable allowance for attorney's fees, including the city's legal staff, and costs, up to the full amount of the bond. This section shall be an additional remedy for any and all violations outlined in Section 5.22.130.
    C. The city shall upon completion of construction of the service area, waive or reduce the requirement of the grantee to maintain the bond. However, the city may require a performance bond to be posted by the grantee for any construction subsequent to the completion of the initial service areas, in a reasonable amount and upon such terms as determined jointly by the city and grantee.
    D. The bond shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after receipt by the City, by registered mail, a written notice of such intent to cancel and not to renew." Upon receipt of a thirty-day notice, this shall be construed as default granting the city the right to call in the bond.
    E. The city, at any time during the term of the ordinance codified in this chapter may, waive grantee's requirement to maintain a performance bond. The invitation to waive the requirement can be initiated by the city or grantee. (Ord. 1669 (part), 1997)

Section 5.22.150 Liability and insurance.
    A. The grantee shall maintain and by its acceptance of the franchise specifically agrees that it will maintain throughout the term of the franchise, liability insurance insuring the city and the grantee in the minimum amount of:
    1. One million dollars ($1,000,000.00) for property damage to any one person;
    2. One million dollars ($1,000,000.00) for property damage in any one accident;
    3. One million dollars ($1,000,000.00) for personal injury to any one person; and
    4. One million dollars ($1,000,000.00) for personal injury in any one accident.
    B. The certificate of insurance obtained by the grantee in compliance with this section must be approved by the city attorney and such certificate of insurance, along with written evidence of payment of required premiums, shall be filed and maintained with the city during the term of the franchise, and the city may adjust the insurance limits to reflect the increase in Consumer Price Index every five (5) years. The grantee shall immediately advise the city attorney of any litigation that may develop that would affect this insurance.
    C. Neither the provisions of this section nor any damages recovered by the city thereunder, shall be construed to or limit the liability of the grantee under any franchise issued here under or for damages.
    D. All insurance policies maintained pursuant to this franchise shall contain the following endorsement: "It is hereby understood and agreed that this insurance policy may not be canceled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after receipt by the City, by registered mail, a written notice of such intention to cancel or not to renew." (Ord. 1669 (part), 1997)

Section 5.22.160 Indemnification.
    A. Disclaimer of Liability. The city shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of the construction, maintenance, repair, use, operation, condition or dismantling of the grantee's cable television system or due to the act or omission of any person or entity other than the city or those persons or entities for which the city is legally liable as a matter of law.
    B. Indemnification. The grantee shall, at its sole cost and expense, indemnify and hold harmless the city, all associated, affiliated, allied and subsidiary entities of the city, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys and contractors (hereinafter referred to as "indemnities"), from and against:
    1. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the indemnities by reason of any act or omission of the grantee, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance or condition of the cable television system caused by grantee, its subcontractors or agents or the grantees's failure to comply with any federal, state or local statute, ordinance or regulation.
    2. Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which is imposed upon, incurred by or asserted against the indemnities by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to the grantee, its contractors or subcontractors, for the installation, construction, operation or maintenance of the cable television system caused by grantee, its subcontractors or agents and, upon the written request of the city shall cause such claim or lien to be discharged or bonded within fifteen (15) days following such request.
    3. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the indemnities by reason of any financing or securities offering by grantee or its affiliates for violations of the common law or any laws, statutes, or regulations of the state of Maryland or United States, including those of the Federal Securities and Exchange Commission, whether by the grantee or otherwise; excluding therefrom, however, claims which are solely based upon and shall arise solely out of information supplied by the city to the grantee in writing and included in the offering materials with the express written approval of the city prior to the offering.
    C. Defense of Indemnities. In the event any action or proceeding shall be brought against the indemnities by reason of any matter for which the indemnities are indemnified hereunder, the grantee shall, upon notice from any of the indemnities, at the grantee's sole cost and expense, resist and defend the same with legal counsel mutually acceptable to the city attorney of the city of Salisbury and grantee provided further, however, that the grantee shall not admit liability in any such matter on behalf of the indemnities without the written consent of the city attorney of the city of Salisbury or city attorney's designee. The city and indemnities shall not settle without grantee's consent.
    D. Notice Cooperation and Expenses. The city shall give the grantee prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the city from cooperating with grantee and participating in the defense of any litigation by the city's own counsel. The grantee shall pay all reasonable expenses incurred by the city in defending itself with regard to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by or on behalf of the city attorney if such service is determined necessary and appropriate by the city attorney and the actual expenses of the city's agents, employees or expert witnesses, and disbursements and liabilities assumed by the city in connection with such suits, actions or proceedings. No recovery by the city of any sum under the letter of credit shall be any limitation upon the liability of the grantee to the city under the terms of this section, except that any sum so received by the city shall be deducted from any recovery which the city might have against the grantee under the terms of this section.
    E. Nonwaiver of Statutory Limits. Nothing in this agreement is intended to express or imply a waiver of the statutory provisions, of any kind or nature, as set forth in Maryland Statues, including the limits of liability of the city as exists presently or may be increased from time to time by the legislature. (Ord. 1669 (part), 1997)

Section 5.22.170 Rights of individuals.
    A. The grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users, or general citizens on the basis of race, color, religion, national origin, income or sex. The grantee shall comply at all times with all other applicable federal, state and local laws and regulations and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this chapter by reference.
    B. The grantee shall strictly adhere to the equal employment opportunity requirements of the Federal Communications Commission, state and local regulations and as amended from time to time.
    C. The grantee shall, at all times, comply with the privacy requirements of state and federal law.
    D. Grantee is required to make all cable television system services available to all residential dwellings throughout the service area which meet the minimum housing density requirements set forth herein and in the franchise agreement. (Ord. 1669 (part), 1997)

Section 5.22.180 Public notice.
    Minimum public notice of any public meeting relating to this franchise shall be made as prescribed by the city council. (Ord. 1669 (part), 1997)

Section 5.22.190 Service availability and record request.
    The grantee shall provide cable communications service throughout the entire franchise area pursuant to the provisions of this franchise and shall keep a record for at least three years of all requests for service received by the grantee. This record shall be available for inspection by the city at the local office of the grantee during regular office hours.

Section 5.22.200 System construction.
    A. New construction timetable.
    1. Within two years from the date of the award of the initial franchise, the grantee must make cable television service available to every dwelling unit within the initial service area.
    a. The grantee must make cable television service available to at least twenty (20) percent of the dwelling units within the initial service area within six months from the date of the award of the franchise.
    b. The grantee must make cable television service available to at least fifty (50) percent of the dwelling units within the initial service area within one year from the date of the award of the franchise.
    2. The grantee, in its application if any, may propose a timetable of construction which will make cable television service available in the initial service area sooner than the above minimum requirements, in which case the said schedule will be made part of the franchise agreement, and will be binding upon the grantee.
    3. Any delay beyond the terms of this timetable, unless specifically approved by the city, will be considered a violation of this chapter for which the provisions of Section 5.22.370 shall apply, as determined by the city.
    4. In special circumstances the city can waive one hundred (100) percent completion within the two year time frame provided substantial completion is accomplished within the allotted time frame, substantial completion construed to be not less than ninety-five (95) percent and justification for less than one hundred (100) percent must be submitted subject to the satisfaction of the city.
    B. Line extensions:
    1. In areas of the franchise territory not included in the initial service areas, the grantee shall be required to extend its system pursuant to the following requirements:
    a. No customer shall be refused service arbitrarily. Grantee is hereby authorized to extend the cable system as necessary within the city. To expedite the process of extending the cable system into a new sub-division, the city will forward to the grantee an approved engineering plan of each project. Subject to the density requirements (twenty-five (25) dwelling units per street mile), the grantee shall commence the design and construction process upon receipt of the final engineering plan. Upon notification from the city that the first home in the project has been approved for a building permit, the grantee shall have a maximum of three months to complete the construction/activation process within the project phase provided however that the three month period shall be reasonably extended to accommodate delays caused by circumstances beyond the control of the grantee.
    b. The grantee must extend and make cable television service available to every dwelling unit in all unserved, developing areas having at least twenty-five (25) dwelling units planned per street mile, as measured from the existing system, and shall extend its system following established utility easements.
    c. The grantee must extend and make cable television service available to any isolated resident outside the initial service area requesting connection at the standard connection charge, if the connection to the isolated resident would require no more than a standard one hundred fifty (150) foot drop line.
    2. Early extension. In areas not meeting the requirements for mandatory extension of service, the grantee shall provide, upon the request of a potential subscriber desiring service, an estimate of the costs required to extend service to the subscriber. The grantee shall then extend service upon request of the potential subscriber. The grantee may require advance payment or assurance of payment satisfactory to the grantee. The amount paid by subscribers for early extensions shall be nonrefundable, and in the event the area subsequently reaches the density required for mandatory extension, such payments shall be treated as consideration for early extension.
    3. New development under grounding. In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give the grantee reasonable notice but not less than thirty (30) days of such construction or development, and of the particular date on which open trenching will be available for the grantee's installation of conduit, pedestals and/or vaults, and laterals to be provided at the grantee's expense. The grantee shall also provide specifications as needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if the grantee fails to install its conduit, pedestals and/or vaults, and laterals within five working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five day period, the cost of new trenching is to be borne by the grantee. Except for the notice of the particular date on which trenching will be available to the grantee, any notice provided to the grantee by the city of a preliminary plat request shall satisfy the requirement of reasonable notice if sent to the local general manager or system engineer of the grantee prior to approval of the preliminary plat request.
    C. Special Agreements. Nothing herein shall be construed to prevent the grantee from serving areas not covered under this section upon agreement with developers, property owners, or residents provided that five percent of those gross revenues are paid to the city as franchise fees under Section 5.22.270.
    1. The grantee, in its application, may propose a line extension policy which will result in serving more residents of the city than as required above, in which case the grantee's policy will be incorporated into the franchise agreement, and will be binding on the grantee.
    2. The violation of this section shall be considered a breach of the terms of this chapter for which the provisions of Section 5.22.370 shall apply, as determined by the city. (Ord. 1669 (part), 1997)

Section 5.22.210 Construction and technical standards.
    A. Compliance with Construction and Technical Standards. The grantee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, and FCC technical standards. In addition, the grantee shall provide the city, upon request, with a written report of the results of the grantee's annual proof of performance tests conducted pursuant to FCC standards and requirements.
    B. Additional specifications:
    1. Construction, installation and maintenance of the cable television system shall be performed in an orderly and workmanlike manner. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
    2. The grantee shall at all times comply with:
    a. National Electrical Safety Code (National Bureau of Standards);
    b. National Electrical Code (National Bureau of Fire Underwriters);
    c. Bell System Code of Pole Line Construction; and
    d. Applicable FCC or other federal, state and local regulations.
    3. In any event, the system shall not endanger or interfere with the safety of persons or property in the franchise area or other areas where the grantee may have equipment located.
    4. Any antenna structure used in the system shall comply with construction, marking, and lighting of antenna structure, required by the United States Department of Transportation.
    5. All working facilities and conditions used during construction, installation and maintenance of the cable television system shall comply with the applicable standards of the Occupational Safety and Health Administration.
    6. RF leakage shall be checked at reception locations for emergency radio services to prove no interference signal combinations are possible. Stray radiation shall be measured adjacent to any proposed aeronautical navigation radio sites to prove no interference to airborne navigational reception in the normal flight patterns. FCC rules and regulations shall govern.
    7. The grantee shall maintain equipment capable of providing standby power for headend and transport system for a minimum of two hours.
    8. In all areas of the city where the cables, wires, and other like facilities of public utilities are placed underground, the grantee shall place its cables, wires, or other like facilities underground. When all other public utilities relocate their facilities from pole to underground, the cable operator must concurrently do so. (Ord. 1669 (part), 1997)

Section 5.22.220 Use of streets.
    A. Interference with Persons and Improvements. The grantee's system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons or interfere with the rights or reasonable convenience of property owners who adjoin any of the streets and public ways, or interfere with any improvements the city may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.
    B. Restoration to Prior Condition. In case of any disturbance of pavement, sidewalk, landscaping, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the city, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, in as good condition as before the work was commenced and in accordance with standards for such work set by the city.
    C. Erection, removal and common uses of poles:
    1. No poles or other wire-holding structures shall be erected by the grantee without prior approval of the city with regard to location, height, types, and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the city determines that the public convenience would be enhanced thereby.
    2. Where existing poles or other wire-holding structures, for use in serving the city, are available for use by the grantee, but grantee does not make arrangements for such use, the city may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.
    3. In the absence of any governing federal or state statute, where the city or a public utility serving the city desires to make use of the poles or other wire-holding structures of the grantee, but agreement thereof with the grantee cannot be reached, the city may require the grantee to permit such use for such use for such consideration and upon such terms as the city shall determine to be just and reasonable, if the city determines that the use would enhance the public convenience and would not unduly interfere with the grantee's operations.
    D. Relocation of the Facilities. If at any time during the period of this franchise the city shall lawfully elect to alter, or change the grade of any street, alley or other public ways, the grantee, upon reasonable notice by the city, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense unless the utilities are compensated, in which case the grantee shall be similarly compensated.
    E. Cooperation with Building Movers. The grantee shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than seven days advance notice to arrange for such temporary wire changes. (Ord. 1669 (part), 1997)

Section 5.22.230 Operational standards.
    A. The grantee shall put, keep and maintain all parts of the system in good condition throughout the entire franchise period.
    B. Upon the reasonable request for service by any person located within the franchise territory, the grantee shall, within thirty (30) days, furnish the requested service to such person within terms of the line extension policy. A request for service shall be unreasonable for the purpose of this subsection if no trunk line installation capable of servicing that person's block has as yet been installed.
    C. The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum system use.
    D. The grantee shall not allow its cable or other operations to interfere with television reception of subscribers or persons not served by the grantee, nor shall the system interfere with, obstruct or hinder in any manner the operation of the various utilities serving the residents within the confines of the city nor shall other utilities interfere with the grantee's system.
    E. The grantee shall have knowledgeable, qualified grantee representatives available to respond to customer telephone inquiries twenty-four (24) hours per day and seven days per week. A staffed answering service shall be considered a qualified grantee representative during evening and weekend hours.
    F. Under normal operating conditions, telephone answer time, including wait time and the time required to transfer the call, shall not exceed thirty (30) seconds. This standard shall be met no less than ninety (90) percent of the time as measured on a quarterly basis.
    G. Under normal operating conditions, the customer will receive a busy signal less than three percent of the total time that the office is open for business. This standard shall be met no less than ninety (90) percent of the time as measured on a quarterly basis.
    H. Standard installations will be performed within seven business days after an order has been placed. A standard installation is one that is within one hundred fifty (150) feet of the existing system.
    I. Excluding those situations which are beyond its control, the grantee will respond to any service interruption promptly and in no event later than twenty-four (24) hours from the time of initial notification. All other regular service requests will be responded to within forty-eight (48) hours. The appointment window alternatives for installations, service calls and other installation activities will be: "morning;" or "afternoon;" not to exceed a four-hour "window" during normal business hours for the system, or at a time that is mutually acceptable. The grantee will schedule supplemental hours during which appointments can be scheduled based on the needs of the community. If at any time an installer or technician is running late, an attempt to contact the customer will be made and the appointment rescheduled as necessary at a time that is convenient to the customer.
    J. Customer service centers and bill payment locations will be open for walk-in customer transactions a minimum of eight hours a day Monday through Friday unless there is a need to modify those hours because of the location or customers served. The grantee and city by mutual consent will establish supplemental hours on weekdays and weekends if it would fit the needs of the community.
    K. In the event of an outage of subscriber's cable service, the following shall apply:
    1. After proper notification to grantee, for outages of over six hours and up to seven days, the grantee shall provide, at the subscriber's request, a credit of one-thirtieth (1/30) of one month's fees for affected services for each twenty-four (24) hour period service is interrupted for six or more hours for any single subscriber, with the exception of subscribers disconnected because of non-payment or excessive signal leakage, or circumstances beyond grantee's reasonable control.
    2. For outages of seven days or more in one month which have been properly reported to grantee and which are within the reasonable control of grantee, the grantee shall provide, at the subscriber's request, a full month's credit for affected services for affected subscribers.
    L. The grantee will provide written information in each of the following areas at the time of installation and at any future time upon the request of the customer:
    1. Product and services offered;
    2. Prices and service options;
    3. Installation and service policies;
    4. How to use the cable television services.
    M. Bills will be clear, concise and understandable, with all services itemized consistent with federal law.
    N. Credits will be issued promptly, but no later than the customer's next billing cycle following the resolution of the request and the return of the equipment by the grantee if service has been terminated.
    O. Customers will be notified a minimum of thirty (30) days in advance of any rate or programming channel change, provided that the change is within the control of the grantee.
    P. The grantee shall maintain and operate its cable television system in accordance with the rules and regulations as are incorporated herein or may be promulgated by the Federal Communication Commissions, the United States Congress, or the state of Maryland.
    Q. The grantee shall continue, through the term of the franchise, to maintain the technical standards and quality of service set forth in this chapter. Should the city find, by resolution, that the grantee has failed to maintain these technical standards and quality of service, grantee shall be required to implement a plan for resolution.
    R. The grantee shall keep a monthly service log which will indicate the nature of each service complaint received in the last twenty-four (24) months, the date and time it was received, the disposition of said complaint, and the time and date thereof. This log shall be made available for periodic inspection by the city.
    S. All personnel of the grantee contacting subscribers or potential subscribers outside the office of grantee must be clearly identified as associated with the grantee.
    T. In the event the grantee fails to arrive for installations and/or service calls within the scheduled four-hour time frame set forth in this agreement under normal operating conditions less than ninety (90) percent of the time as measured on a quarterly basis, then the city may impose a monetary penalty of two hundred fifty dollars ($250) upon the grantee. Prior to imposition of the penalty, the city shall notify the grantee in writing of the alleged default. Upon receipt of the notice, the grantee shall have a sixty (60) day period in which to correct the default or it may elect to pay such penalty, in which event the act or omission giving rise to the penalty shall not be the basis for any other sanction by the city. In the alternative, the grantee shall have the right to request a hearing affording due process before the full council to determine whether the penalty should be imposed, and the imposition of any such penalty shall be stayed pending the final outcome of such proceeding.
    U. The grantee shall not terminate residential service for nonpayment of a delinquent account unless the grantee provides initial notice of the delinquency and impending termination at least ten days prior to the proposed termination. The notice shall be mailed, postage prepaid, to the subscriber to whom the service is billed. This notice shall not be sent until the twenty-eighth (28th) day after the initial bill for service was mailed to the subscriber. The notice of delinquency and impending termination may be part of a billing statement. This section does not apply to subscribers disconnected due to NSFG checks.
    V. Refund checks shall be issued within thirty (30) days following the subscriber's request.

Section 5.22.240 Continuity of service mandatory.
    A. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the grantee are honored. If the grantee elects to over build, rebuild, modify or sell the system, or the city gives notice of intent to terminate or fails to renew this franchise, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances.
    B. If there is a change of franchise, or if a new operator acquires the system, the grantee shall cooperate with the city, new franchisee or operator in maintaining continuity of service to all subscribers. During such period, the grantee shall be entitled to the revenues for any period during which it operates the system, and shall be entitled to reasonable costs for its services until it no longer operates the system.
    C. If the grantee fails to operate the system for seven consecutive days without prior approval of the city or without just cause, the city may, at its option, operate the system or designate an operator until such time as the grantee restores service under conditions acceptable to the city or a permanent operator is selected. If the city is required to fulfill this obligation for the grantee, the grantee shall reimburse the city for all reasonable costs or damages in excess of revenues from the system received by the city that are the result of the grantee's failure to perform. (Ord. 1669 (part), 1997)

Section 5.22.250 Complaint procedure.
    A. The mayor is designated as having primary responsibility for the continuing administration of the franchise and implementation of complaint procedures.
    B. During the terms of this franchise, and any renewal thereof, the grantee shall maintain a central office for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions, and similar matters. The office must be reachable by a local, toll-free telephone call to receive complaints regarding quality of service, equipment functions and similar matters. The grantee will use its good faith efforts to arrange for one or more payment locations in a central location where customers can pay bills or conduct other business activities.
    C. As subscribers are connected or reconnected to the system, the grantee shall, by appropriate means, such as a card or brochure, furnish information concerning the procedures for making inquiries or complaints, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed.
    D. When there have been similar complaints made, or where there exists other evidence, which, in the judgment of the city, casts doubt on the reliability or quality of cable service to the extent permitted by applicable law, the city shall have the right and authority to require the grantee to test, analyze and report on the performanceof the system. The grantee shall fully cooperate with the city in performing such testing and shall prepare results and a report, if requested, within thirty (30) days after notice. Such report shall include the following information:
    1. The nature of the complaint or problem which precipitated the special tests;
    2. What system component was tested;
    3. The equipment used and procedures employed in testing;
    4. The method, if any, in which such complaint or problem was resolved;
    5. Any other information pertinent to the tests and analysis which may be required.
    The city may require that tests be supervised, by an independent person to the city's choice. This person should sign all records of special tests and forward to the city such records with a report interpreting the results of the tests and recommending actions to be taken. Should such a test prove that the grantee failed to meet the technical standard, the grantee shall bear the cost of the test. If the test should prove that the grantee met the technical standards, the city shall bear the cost of the test.
    The city's right under this section shall be limited to requiring tests, analysis and reports covering specific subjects and characteristics based on complaints or other evidence when and under such circumstances as the city has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable service. (Ord. 1669 (part), 1997)

Section 5.22.260 Grantee rules and regulations.
    The grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the grantee to exercise its rights and perform its obligations under this franchise, and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable state and federal laws, rules and regulations. (Ord. 1669 (part), 1997)

Section 5.22.270 Franchise fee.
    A. For the reason that the streets of the city to be used by the grantee in the operation of its system within the boundaries of the city are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and that the grant to the grantee to the streets is a valuable property right without which the grantee would be required to invest substantial capital in right-of-way costs and acquisitions, the grantee shall pay to the city an amount equal to five percent of the grantee's gross revenue from the operation of the grantee within the confines of the city or contract area. If the statutory five percent limitation on franchise fee is raised or the federal statute deletes the franchise fee limitation entirely, then the franchise fee may be subject to renegotiation. One fifth of the revenue received by the city from the franchise fee will be dedicated to the public, educational, and governmental (PEG) channel, if such channel is in operation.
    B. This payment shall be in addition to any other tax, fee or assessment of general applicability or payment owed to the city by the grantee.
    C. The franchise fee and any other costs or penalties assessed shall be payable quarterly on a calendar year basis to the city and the grantee shall file a complete and accurate verified statement of all gross revenues as previously defined within forty-five (45) days after the quarter as established between the city and the grantee.
    D. The grantee shall not be liable for the collection of franchisee fees from existing customers in a newly annexed area until notified in writing by the city of the annexation. Upon receiving such notice, the grantee shall begin collection as soon as possible, but in no case later than sixty (60) days.
    E. The city shall have the right to inspect the grantee's income records and the right to audit and to recompute any amounts determined to be payable under this chapter. Any additional amount due to the city as a result of the audit shall be paid within thirty (30) days following written notice to the grantee by the city which notice shall include a copy of the audit report.
    F. If any franchise payment or recomputed amount, cost or penalty, is not made on or before the applicable dated heretofore specified, interest shall be charged daily from such date at the legal maximum rate charged by the US Internal Revenue Service for late tax payments and the grantee shall reimburse the city for any additional expenses and costs incurred by the city by reason of the delinquent payments(s). (Ord. 1848, 2002; Ord. 1727, 1999; Ord. 1669 (part), 1997)

Section 5.22.280 Transfer of ownership or control.
    A. Except as may be provided in a franchise agreement, this franchise shall not be assigned or transferred, either in whole or in part, or leased, sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable or any right, interest or property therein, pass to or vest in any person without the prior written consent of the city. The grantee may, however, transfer or assign the franchise to a wholly owned subsidiary of the grantee (or its parent corporation) and such subsidiary may transfer or assign the franchise back to the grantee without such consent, providing that such assignment is without any release of liability of the grantee. The proposed assignee must show financial responsibility as determined by the city and must agree to comply with all provisions of the franchise. The city shall have one hundred twenty (120) days to act upon any request for approval of such a sale or transfer submitted in writing that contains or is accompanied by such information as is required in accordance with FCC regulations and by the city of Salisbury. The city shall be deemed to have consented to a proposed transfer or assignment if its refusal to consent is not communicated in writing to the grantee within one-hundred and twenty (120) days following receipt of written notice and the necessary information as to the effect of the proposed transfer or assignment upon the public unless the requesting party and the city agree to an extension of time. The city shall not unreasonably withhold such consent to the proposed transfer.
    B. Except as may be provided in a franchise agreement, the grantee shall promptly notify the city of any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the grantee. The word "control" as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised. Every change, transfer or acquisition of control of the grantee shall make the franchise subject to cancellation unless and until the city shall have consented thereto, which consent will not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, the city may inquire into the qualification of the prospective controlling party, and the grantee shall assist the city in such inquiry.
    C. The consent or approval of the city to any transfer of the grantee shall not constitute a waiver or release of the rights of the city in and to the streets, and any transfer shall by its terms, be expressly subordinate to the terms and conditions of this franchise.
    D. In the absence of extraordinary circumstances, the city will not approve any transfer or assignment of an initial franchise prior to substantial completion of construction of the proposed system.
    E. In no event shall a transfer of ownership or control be approved without successor in interest becoming a signatory to this franchise agreement. (Ord. 1669 (part), 1997)

Section 5.22.290 Availability of books and records.
    A. The grantee shall fully cooperate in making available at reasonable times, and the city shall have the right to inspect, where reasonably necessary to the enforcement of the franchise, books, records, maps, plans and other like materials of the grantee applicable to the cable television system, at any time during normal business hours; provided where volume and convenience necessitate, the grantee may require inspection to take place on the grantee premises.
    B. The following records and/or reports are to be made available to the city upon request.
    1. An annual review or progress report submitted by the grantee to the city;
    2. Periodic preventive maintenance reports;
    3. Any copies of FCC Form 395-A (or successor form) or any supplemental forms related to equal opportunity of fair contracting policies;
    4. Subscriber inquiry/complaint resolution data and the right to review documentation concerning these inquiries and/or complaints periodically;
    5. Periodic construction update reports, including where appropriate the submission of as-built maps. (Ord. 1669 (part), 1997)

Section 5.22.300 Other petitions and applications.
    Copies of all petitions, applications, communications and reports either submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting cable television operations authorized pursuant to the franchise or received from such agencies shall be provided to the city upon request. (Ord. 1669 (part), 1997)

Section 5.22.310 Fiscal reports.
    The grantee shall file annually with the city no later than one hundred twenty (120) days after the end of the grantee's fiscal year, a copy of a gross revenues statement certified by an officer of the grantee. (Ord. 1669 (part), 1997)

Section 5.22.320 Removal of cable television system.
    At the expiration of the terms for which this franchise is granted and any renewal denied, or upon its termination as provided herein, the grantee shall forthwith, upon notice by the city, remove at its own expense all designated portions of the cable television system from all streets and public property within the city. If the grantee fails to do so within one year of notice, the city may perform the work at the grantee's expense. Upon such notice of removal, a bond shall be furnished by the grantee in an amount sufficient to cover this expense.

Section 5.22.330 Required services and facilities.
    A. The cable television system shall have a channel capacity and band width set forth in the applicable franchise agreement.
    B. Such system shall maintain a plant having the technical capacity for "two-way" communications.
    C. At the city's request, the grantee shall maintain the following:
    1. At least one specially-designated, noncommercial public access channel available on a first-come, nondiscriminatory basis;
    2. At least one specially-designated channel for use by local educational authorities;
    3. At least one specially-designated channel for local governmental uses;
    4. Provided, however, these uses may be combined on one or more channels until such time as additional channels become necessary in the opinion of the city, unless as otherwise provided by the franchise agreement. Financial and technical support, replacement and maintenance of equipment of this facility shall be separately incorporated into a franchise agreement.
    5. An institutional network (I-Net) of cable, optical, electrical or electronic equipment, used for the purpose of transmitting two-way telecommunications signals interconnecting designated entities as set forth in the franchise agreement and mutually agreed to by the grantee and the grantor. Such institutional network may be provided as needed by utilizing capacity on the subscriber system.
    D. The grantee shall incorporate into its cable television system the capacity which will permit the city, in times of emergency, to override, by remote control, the audio of all channels simultaneously which the grantee may lawfully override. The grantee shall provide emergency broadcast capacity pursuant to FCC rules. The grantee shall cooperate with the city in the use and operation of the emergency alert override system.
    E. The grantee may be required to interconnect its system with other contiguous cable television systems for the purpose of sharing public, educational, and governmental access programming. Such interconnection shall be made within a reasonable time limit to be established by the city.
    1. Interconnection procedure: Upon receiving the directive of the city to interconnect, the grantee shall immediately initiate negotiations with the other affected system or systems in order to complete the interconnection link.
    2. Relief: The grantee may be granted reasonable extensions of time to interconnect or the city may rescind its order to interconnect upon petition by the franchisee to the city. The city shall grant the request if it finds that the grantee has negotiated in good faith and has failed to obtain an approval from the operator or franchising authority of the system to be interconnected, or the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates.
    3. Cooperation required: The grantee shall cooperate with any interconnection corporation, regional interconnection authority or city, county, state and federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the city.
    4. Initial technical requirements to assure future interconnection capability:
    a. The city urges franchisees to provide local origination equipment that is compatible throughout the area so that videocassettes or videotapes can be shared by various systems.
    b. Grantee shall provide such additional services and facilities as are contained in its application, if any.
    5. The full cost of the interconnection link shall be borne by the city, if the interconnection is being made at the direction of the city. However, the full cost of this link shall be borne by the participating companies, in the event that the interconnection is being made for any reason other than at the direction of the city.
    6. Grantee shall include in its service a broad range of programming. Grantee shall periodically gauge programming preferences of its subscribers. (Ord. 1669 (part), 1997)

Section 5.22.340 Rules and regulations.
    A. In addition to the inherent powers of the city to regulate and control this cable television franchise, and those powers expressly reserved by the city, or agreed to and provided for herein, the right and power is hereby reserved by the city to promulgate such additional regulations as it shall find necessary in the exercise of its lawful powers and furtherance of the terms and conditions of this franchise; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof, any franchise agreement granted hereunder or applicable state and federal laws, rules and regulations.
    B. The city may also adopt such regulations at the request of grantee upon application. (Ord. 1669 (part), 1997)

Section 5.22.350 Performance evaluation sessions.
    A. The city and the grantee may hold scheduled performance evaluation sessions within thirty (30) days of the third and sixth anniversary dates of the grantee's award or renewal of the franchise and as may be required by federal and state law. All such evaluation sessions shall be open to the public.
    B. Special evaluation sessions may be held at any time during the term of the franchise at the request of the city or the grantee.
    C. All evaluation sessions shall be open to the public and announced in a newspaper of general circulation in accordance with legal notice. The grantee shall notify its subscribers of all evaluation sessions by announcements on at least one channel of its system between the hours of seven p.m. and nine p.m., for five consecutive days preceding each session.
    D. Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, service rate structures; franchise fee, penalties, free or discounted services; application of new technologies; system performance; services provided; programming offered; customer complaints, privacy; amendments to this ordinance; judicial and FCC rulings; line extension policies; and grantee or city rules.
    E. Members of the general public may add topics either by working through the negotiating parties or by presenting a petition. If such a petition bears the valid signatures of fifty (50) or more residents of the city, the proposed topic or topics shall be added to the list of topics to be discussed at the evaluation session. (Ord. 1669 (part), 1997)

Section 5.22.360 Rate change procedures.
    Pursuant to the Cable Television Consumer Protection and Competition Act of 1992, the city of Salisbury is currently certified to regulate the basic service rates charged by grantee. Under these rules, grantee is required to obtain approval from the city for a rate increase for any change to the rates for basic service. Should federal or state law permit further rate regulation beyond the basic service the city of Salisbury shall assume such rate regulation and adopt appropriate procedures for such regulation. (Ord. 1669 (part), 1997)

Section 5.22.370 Forfeiture and termination.
    A. In addition to all other rights and powers retained by the city under this franchise or otherwise, the city reserves the right to forfeit and terminate the franchise and all rights and privileges of the grantee here under in the event of a substantial breach of its terms and conditions. A substantial breach by the grantee shall include, but shall not be limited to the following:
    1. Violation of any material provision of the franchise or any material rule, order, regulation or determination of the city made pursuant to the franchise;
    2. Attempt to evade any material provision of the franchise or practice any fraud or deceit upon the city or its subscribers or customers;
    3. Failure to begin or complete system construction or system extension as provided under Section 5.22.200;
    4. Failure to provide the services promised in the grantee's application if any as incorporated herein by section 4;
    5. Failure to restore service after ninety-six (96) consecutive hours of interrupted service, except when approval of such interruption is obtained from the city; or
    6. Material and intentional misrepresentation of fact in the application for or negotiation of the franchise.
    B. The foregoing shall not constitute a major breach if the violation occurs but is without fault of the grantee or occurs as a result of circumstances beyond its control. The grantee shall not be excused by mere economic hardship or by misfeasance or malfeasance of its directors, officers or employees.
    C. The city may make a written demand that the grantee comply with any such provision, rule, order or determination under or pursuant to this franchise. If the violation by the grantee continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the city may place the issue of termination of the franchise before the city council. The city shall cause to be served upon the grantee, at least twenty (20) days prior to the date of such meeting, a written notice of intent to request such termination and the time and place of the meeting. Public notice shall be given of the meeting and the issue(s) which the council is to consider.
    D. The city council shall hear and consider the issue(s) and shall hear any person interested therein and shall determine in its discretion whether or not any violation by the grantee has occurred.
    E. If the city council shall determine the violation by the grantee was the fault of the grantee and within its control, the council may, by resolution declare that the franchise of the grantee shall be forfeited and terminated unless there is compliance within such period as the council may fix, such period shall not be less than sixty (60) days, provided no opportunity for compliance need be granted for fraud or misrepresentation.
    F. The issue of forfeiture and termination shall automatically be placed upon the council agenda at the expiration of the time set by it for compliance. The council then may terminate the franchise forthwith upon finding that the grantee has failed to achieve compliance or may further extend the period, in its discretion. (Ord. 1669 (part), 1997)

Section 5.22.380 Foreclosure.
    Upon the foreclosure or other judicial sale of all or a substantial part of the system, or upon the termination of any lease covering all or a substantial part of the system, the grantee shall notify the city of such fact, and such notification shall be treated as a notification that a change in control of the grantee has taken place, and the provisions of this franchise governing the consent of the city to such change in control of the grantee shall apply. (Ord. 1669 (part), 1997)

Section 5.22.390 Right of acquisition by the city.
    A. Federal regulations as per U.S.C. 537 shall apply to the right of acquisition by the city. In the event that the relevant federal regulations are repealed, the guidelines specified in Section B below shall apply.
    B. Upon the expiration of the term of the franchise and denial of any renewal or upon any other termination thereof as provided herein the city at its election and upon the payment to the grantee of a price equal to the fair market value shall have the right to purchase and take over the system upon resolution by the city council. If the city has denied the grantee's petition for renewal of its franchise as provided by Section 5.22.070, the city must exercise its option to purchase the system within sixty (60) days of the denial of renewal and at least six months prior to the end of the franchise subject to exhaustion by grantee of all administrative and judicial remedies. Nothing shall prohibit the grantee in the event of the election of the city to purchase the system from requesting the court to set a reasonable bond of the city to secure the purchase price. Purchase price to be in immediately available funds at the time of purchase. The grantee shall execute such warranty deeds and other instruments as may be necessary. (Ord. 1669 (part), 1997)

Section 5.22.400 Receivership.
    The city shall have the right to cancel this franchise one hundred twenty (120) days after the appointment of a receiver, or trustee, to take over and conduct the business of the grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of one hundred twenty (120) days, or unless:
    1. Within one hundred twenty (120) days after his/her election or appointment, such receiver or trustee shall have fully complied with all the provisions of this chapter and remedied all defaults thereunder; and
    2. Such receiver or trustee, within the one hundred twenty (120) days, shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this chapter and the franchise granted to the grantee. (Ord. 1669 (part), 1997)

Section 5.22.410 Compliance with state and federal laws.
    A. Notwithstanding any other provisions of this franchise to the contrary, the grantee shall at all times comply with all laws and regulations of the state and federal government or any administrative agencies thereof; provided, however, if any such state or federal law or regulation shall require the grantee to perform any service, or shall permit the grantee to perform any service, or shall prohibit the grantee from performing any service, in conflict with the terms of this franchise or of any law or regulation of the city, then as soon as possible following knowledge thereof, the grantee shall notify the city of the point of conflict believed to exist between such regulation or law and the laws or regulations of the city or this franchise.
    B. If the city determines that a material provision of this chapter is affected by any subsequent action of the state or federal government, the city and the grantee shall negotiate to modify any of the provisions herein to such reasonable extent as may be necessary to carry out the full intent and purpose of this agreement. (Ord. 1669 (part), 1997)

Section 5.22.420 Landlord/tenant.
    A. Interference with Cable Service Prohibited. Neither the owner of any multiple unit residential dwelling nor his agent or representative shall interfere with the right of any tenant or lawful resident thereof to receive cable television service, cable installation or maintenance from a cable television grantee regulated by and lawfully operating under a valid and existing franchise issued by the city.
    B. Gratuities and Payments to Permit Service Prohibited. Neither the owner of any multiple unit residential dwelling nor his agent or representative shall ask, demand or receive any payment, service or gratuity in any form as a condition for permitting or cooperating with the installation of a cable communication service to the dwelling unit occupied by a tenant or resident requesting service.
    C. Penalties and Charges to Tenants for Service Prohibited. Neither the owner of any multiple unit residential dwelling nor his agent or representative shall penalize, charge or surcharge a tenant or resident or forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable communication service form a grantee operating under a valid and existing cable communication franchise issued by the city.
    D. Reselling Service Prohibited. No person shall resell, without the expressed, written consent of the grantee, any cable service, program or signal transmitted by a cable communication grantee under a franchise issued by the city.
    E. Protection of Property Permitted. Nothing in this chapter shall prohibit a person from requiring that cable television system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons or property.
    F. Risks Assumed by Grantee. Nothing in this chapter shall prohibit a person from requesting a grantee to indemnify the owner, or his agents or representatives for damages or from liability for damages caused by the installation, operation, maintenance or removal of cable communication facilities. (Ord. 1669 (part), 1997)

Section 5.22.430 Applicant's bids for initial franchise.
    A. All bids received by the city from the applicants for an initial franchise will become the sole property of the city.
    B. The city reserves the right to reject any and all bids and waive informalities and/or technicalities where the best interest of the city may be served.
    C. All questions regarding the meaning or intent of this chapter or application documents shall be submitted to the city in writing. Replies will be issued by addenda mailed or delivered to all parties recorded by the city as having received the application documents. The city reserves the right to make extensions of time for receiving bids as it deems necessary. Questions received less than fourteen (14) days prior to the date for the opening of bids will not be answered. Only replies to questions by written addenda will be binding. All bids must contain an acknowledgment of receipt of all addenda.
    D. Bids must sealed, and submitted at the time and place indicated in the application documents for the public opening. Bids may be modified at any time prior to the opening of the bids, provided that any modifications must be duly executed in the manner that the applicant's bid must be executed. No bid shall be opened or inspected before the public opening.
    E. Before submitting a bid, each applicant must:
    1. Examine this chapter and the application documents thoroughly;
    2. Familiarize himself/herself with local conditions that may in any manner affect performance under the franchise;
    3. Familiarize himself/herself with federal, state and local laws, ordinances, rules and regulations affecting performance under the franchise; and
    4. Carefully correlate the bid with the requirements of this chapter and the application documents.
    F. The city may make such investigations as it deems necessary to determine the ability of the applicant to perform under the franchise, and the applicant shall furnish to the city all such information and data for this purpose as the city may request. The city reserves the right to reject any bid if the evidence submitted by, or investigation of, such applicant fails to satisfy the city that such applicant is properly qualified to carry out the obligations of the franchise and to complete the work contemplated therein. Conditional bids will not be accepted.
    G. All bids received shall be placed in a secure depository approved by the city and not opened nor inspected prior to the public opening. (Ord. 1669 (part), 1997)

Section 5.22.440 Financial, contractual, shareholder and system disclosure for initial franchises.
    A. No initial franchise will be granted to any applicant unless all requirements and demands of the city regarding financial, contractual, shareholder and system disclosure have been met.
    B. Applicants, including all shareholders and parties with any interest in the applicant, shall fully disclose all agreements and undertakings, whether written or oral, or implied with any person, firm, group, association or corporation with respect to this franchise and the proposed cable television system. The grantee of this franchise shall disclose all other contracts to the city as the contracts are made. This section shall include, but not be limited to, any agreements between local applicants and national companies.
    C. Applicants, including all shareholders and parties with any interest in the applicant, shall submit all requested information as provided by the terms of this chapter or the application documents, which are incorporated herein by reference. The requested information must be complete and verified as true by the applicant.
    D. Applicants, including all shareholders and parties with any interest in the applicant, shall disclose the numbers of shares of stock, and the holders thereof, and shall include the amount of consideration for each share of stock and the nature of the consideration.
    E. Applicants, including all shareholders and parties with any interest in the applicant, shall disclose any information required by the application documents regarding other cable systems in which they hold an interest of any nature, including, but not limited to, the following:
    1. Locations of all other franchises and the dates of award for each location;
    2. Estimated construction costs and estimated completion dates for each system;
    3. Estimated number of miles of construction and number of miles completed in each system as of the date of this application; and
    4. Date for completion of construction as promised in the application for each system.
    F. Applicants, including all shareholders and parties with any interest in the applicant, shall disclose any information required by the application documents regarding pending applications for other cable systems, including but not limited to, the following:
    1. Location of other franchise applications and date of application for each system;
    2. Estimated dates of franchise awards;
    3. Estimated number of miles of construction; and
    4. Estimated construction costs. (Ord. 1669 (part), 1997)
 

Sections:
    5.24.010 Definitions.
    5.24.020 Gambling prohibited--License requirements--Fees.
    5.24.030 Application for owner/operator's license.
    5.24.040 Conditions of license.
    5.24.050 Violations--Penalties.

Section 5.24.010 Definitions.
    As used in this chapter, the following terms shall have the meanings indicated:
    "Coin-operated amusement machine" means a machine that may be played or operated by the insertion of a coin, slug or token and on which games or tests of skill, chance or ability are played, including pinball machines, video machines and any machine initiating games of amusement or relaxation, but not including automatic machines for vending food, drink and tobacco products, music playing or any shuffleboard or pool table in a licensed poolroom.
    "Owner/operator" means the owner of a coin-operated amusement machine and/or one who engages in the business of owning, leasing, supplying, maintaining or dealing with coin-operated amusement machines. (Prior code § 41-13)

Section 5.24.020 Gambling prohibited--License requirements--Fees.
    A. Coin-operated amusement machines that may be played or operated by the insertion of a coin, slug or token and on which games or tests of skill, chance or ability are played, including pinball machines, video machines and any machine initiating games of amusement or relaxation, shall be kept, maintained or operated within the city only for the purpose of public entertainment and shall not be used by any person for gaming or gambling purposes, and no such machines shall be kept, maintained or operated for such public entertainment purpose within the city unless a current owner/operator's license has been previously obtained from the city treasurer by the owner/operator.
    B. An owner/operator's license, regardless of where machines are kept within the city as long as they are available to the public to play, is required. The fees for an owner/operator's license are based upon the number of coin-operated amusement machines within the city limits available to the public to play, as follows:
 

Number of Machines	Fee
1 to 5	$ 500.00
6 to 10	665.00
11 to 15	830.00
16 and over	1,500.00

    C. Coin-operated amusement machines, regardless of where kept within the city as long as they are available to the public to play, require:
    1. An owner operator's license; and
    2. That each coin operated amusement machine shall display on the face of the machine a gummed label, no smaller than one by five inches, containing the name of the owner/operator license holder and the current address and phone number of the owner/operator.
    D. Only one owner/operator's license will be issued per owner/operator. This license must be displayed in a frame, in a conspicuous place in the business office of the owner/operator, showing that the fee for the current year has been paid.
    E. All owner/operator's licenses shall expire on the last day of June in each year. The owner/operator's license fee shall be nonrefundable. However, if an owner/operator wishes to increase the number of machines allowed under the license, then the increase will be prorated on a monthly basis, but once computed and paid, then this shall also be nonrefundable. (Prior code § 41-14)

Section 5.24.030 Application for owner/operator's license.
    All applications for an owner/operator's license issued hereunder shall state the following:
    A. The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise;
    B. The name under which the business is to be conducted;
    C. The business address and all telephone numbers where the business is to be conducted;
    D. The name, residence address and residence telephone number of the manager or other person principally in charge of the operation of the business;
    E. The number of machines, location and the hours of operation. (Prior code § 41-15)

Section 5.24.040 Conditions of license.
    A. It shall be a condition to the issuance of any and all licenses under this chapter that all unpaid bills or any other obligation owed to the city of Salisbury by the owner/operator must be paid prior to issuance of an owner/operator's license.
    B. It shall be a condition to the issuance of any and all licenses under this chapter that the businesses licensed shall be used and operated only for lawful purpose. The right is reserved to the mayor and city council to refuse to grant any license and to revoke any license previously granted which is determined by the mayor and city council to adversely affect the health, safety, morals or general welfare of the public or if an owner/ operator fails to comply with any part of this chapter. (Prior code § 41-16)

Section 5.24.050 Violations--Penalties.
    A. Any person, including an owner/operator, keeping, maintaining, possessing or operating any amusement machine whose owner/operator does not have a valid owner/operator's license as provided in this chapter or violating any of the other provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) for each offense.
    B. Any owner/operator who violates this chapter for a second time will have his license revoked and will immediately cease operations within the city limits. Any owner/operator who fails to properly obtain his owner/operator's license by July 31st of each year will be assessed a penalty of one hundred dollars ($100.00) per day for each day from July 31st until the license is obtained. (Prior code § 41-17)
 

Sections:
    5.28.010 Definitions.
    5.28.020 License required.
    5.28.030 Application for license--Contents--Filing.
    5.28.040 Investigation by chief of police.
    5.28.050 Fee for costs of investigation.
    5.28.060 Disapproval of application--Nonissuance of license.
    5.28.070 Appeal from disapproval of license--Hearing.
    5.28.080 Approval of application--Issuance of license.
    5.28.090 Recording of licenses issued.
    5.28.100 License fees--Rebate.
    5.28.110 Information required on license.
    5.28.120 Duration of license--Renewal.
    5.28.130 Revocation of license.
    5.28.140 Exhibition of license.
    5.28.150 Unauthorized practice of fortune-telling prohibited.
    5.28.160 Unauthorized use of premises for fortune-telling prohibited.
    5.28.170 Reporting and recording of violations.
    5.28.180 Sign regulations.
    5.28.190 Conditions applicable to applicants.
    5.28.200 Applicability of conditions to prior licensees.
    5.28.210 Violations--Penalties.

Section 5.28.010 Definitions.
    For the purpose of this chapter, the following terms shall have the meanings indicated:
    "Fortune-telling" means the practice of revealing the past, present or future fortune or events of anyone's life by palmistry, phrenology or by any other means or device whatsoever, including revealing a person's character or personality characteristics by means of the analysis of handwriting, for pay or compensation. (Prior code § 79-1)

Section 5.28.020 License required.
    It is unlawful for any person to engage in the business of fortune-telling within the corporate limits of the city without first obtaining a license therefor as provided in this chapter. (Prior code § 79-2)

Section 5.28.030 Application for license--Contents--Filing.
    A. Each applicant for a fortune-telling license under this chapter shall file, in duplicate, with the city clerk a written, sworn application therefor, signed by the applicant, showing the following:
    1. The name and a description of the applicant;
    2. Address, legal and local;
    3. The address of the place where the business of fortunetelling is to be carried on;
    4. A photograph of the applicant taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;
    5. The fingerprints of the applicant;
    6. The names of at least two residents of the city who will certify as to the applicant's good character and business respectability;
    7. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;
    8. A statement by a reputable physician of the city, dated not more than ten days prior to submission of the application, certifying the applicant to be free of contagious, infectious or communicable disease.
    B. The city clerk shall retain and file one copy of such application and shall forward the second copy thereof to the chief of police. (Prior code § 79-3)

Section 5.28.040 Investigation by chief of police.
    Upon receipt of an application, as referred to in Section 5.28.030, the chief of police shall cause such investigation of the applicant's business and moral character and of the facts stated in and the contents of such application to be made as he deems necessary for the protection of the public good. (Prior code § 79-4)

Section 5.28.050 Fee for costs of investigation.
    At the time of filing an application, as referred to in Section 5.28.030, a fee of ten dollars ($10.00) shall be paid to the city clerk to cover the costs of the requisite investigation. (Prior code § 79-5)

Section 5.28.060 Disapproval of application--Nonissuance of license.
    If, as the result of the investigation as referred to in Section 5.28.040, the character or business responsibility of the applicant for a fortunetelling license under this chapter is found to be unsatisfactory or the facts stated in or the contents of the application are found to be untrue, the chief of police shall endorse his disapproval and his reasons therefor on the application in question and return such application to the city clerk, who shall notify the applicant that his application is disapproved and that no license will be issued. (Prior code § 79-6)

Section 5.28.070 Appeal from disapproval of license--Hearing.
    Any person aggrieved by the action of the chief of police in the refusal of a fortune-telling license under the provisions of this chapter shall have the right of appeal to the city council. Such appeal shall be taken by filing with the city council, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The city council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in Section 5.28.130. (Prior code § 79-7)

Section 5.28.080 Approval of application--Issuance of license.
    If, as a result of the investigation as required in Section 5.28.040, the character and business responsibility of the applicant for a fortune-telling license under this chapter are found to be satisfactory and the facts stated in and the contents of the application are found to be true, the chief of police shall endorse his approval on the application filed by the applicant in question and return such application to the city clerk, who shall, upon payment of the license fee prescribed in Section 5.28.100, issue such fortune-telling license to the applicant. (Prior code § 79-8)

Section 5.28.090 Recording of licenses issued.
    The city clerk shall keep a permanent record of the issuance of all fortune-telling licenses issued under this chapter. (Prior code § 79-9)

Section 5.28.100 License fees--Rebate.
    A. The license fee required to be paid at the time of the issuance of any license under this chapter shall cover a period of one year from the date of issuance and shall be as follows:
    1. For fortune-telling: one thousand dollars ($1,000.00);
    2. For palm reading: one thousand dollars ($1,000.00);
    3. For practicing spiritualism: one thousand dollars ($1,000.00).
    B. No rebate of the fees shall be made to the holder of any license once issued under this chapter. (Prior code § 79-10)

Section 5.28.110 Information required on license.
    Each fortune-telling license issued under this chapter shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the purpose for which the license is issued, the amount of fee paid, the date of issuance and the length of time for which such license shall be operative. (Prior code § 79-11)

Section 5.28.120 Duration of license--Renewal.
    No license shall be issued for a shorter period than one year and/or longer than one year. Renewals of licenses may be had for additional one-year periods upon compliance with the same terms and conditions and upon payment of new license fees, provided that the city council reserves the right to refuse to grant any such new license. (Prior code § 79-12)

Section 5.28.130 Revocation of license.
    A. A fortune-telling license issued under this chapter may be revoked by the city council, after notice and hearing, for any of the following reasons:
    1. Fraud, misrepresentation or false statement contained in the application for such license;
    2. Any violation of this chapter;
    3. Conviction of any crime or misdemeanor involving moral turpitude;
    4. Knowingly permitting any person other than the licensee to practice fortune-telling in the place of business of such licensee.
    B. Notice of the hearing for revocation of a fortune-telling license issued under this chapter shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at the address set forth as the place of business of such licensee at least five days prior to the date set for hearing. (Prior code § 79-13)

Section 5.28.140 Exhibition of license.
    Each licensee under this chapter shall exhibit his fortune-telling license issued under this chapter in his place of business. (Prior code § 79-14)

Section 5.28.150 Unauthorized practice of fortune-telling prohibited.
    It is unlawful for any person other than the person named in a fortune-telling license under this chapter to practice fortunetelling under such license. (Prior code § 79-15)

Section 5.28.160 Unauthorized use of premises for fortune-telling prohibited.
    It is unlawful for the holder of any license issued under this chapter to practice fortune-telling pursuant to such license at any location other than that described in the license issued to him. (Prior code § 79-16)

Section 5.28.170 Reporting and recording of violations.
    The chief of police shall report to the city clerk all convictions for violation of this chapter, and the city clerk shall record the reports of violation thereof. (Prior code § 79-17)

Section 5.28.180 Sign regulations.
    No person holding a license under the terms and conditions of this chapter shall erect or post any sign advertising said business on the premises occupied and used by said licensee containing an area greater than twenty-four (24) square feet, subject, nevertheless, to all other rules and regulations of the Salisbury zoning code, and no more than one such sign shall be erected or posted on the premises. (Prior code § 79-18)

Section 5.28.190 Conditions applicable to applicants.
    When applying for a fortune-telling license, the following conditions shall apply to each applicant:
    A. Said applicant has been a bona fide resident of the city of Salisbury and/or Wicomico County, Maryland, for a period of five years prior to the date of an application;
    B. Said applicant has been a registered voter of the city of Salisbury and/or Wicomico County, Maryland, for a period of five years prior to the date of an application;
    C. Said applicant has been and is the owner of real estate within the city of Salisbury and/or Wicomico County, Maryland;
    D. Said applicant shall conduct the services of fortune-telling, palm reading and/or spiritualism at the location listed on the application and the license and no other location, unless a new license has been obtained. (Prior code § 79-19)

Section 5.28.200 Applicability of conditions to prior licensees.
    The conditions set forth in Section 5.28.190(A) through (C) shall not be applicable to any person holding a license to practice fortune-telling, palm reading and spiritualism issued by the city of Salisbury, Maryland, upon enactment of this chapter and so long thereafter as such person shall renew his license each year prior to any expiration date thereof. (Prior code § 79-20)

Section 5.28.210 Violations--Penalties.
    On and after the date of the final passage of this chapter, it is unlawful for any person or persons to practice fortune-telling, palm reading and spiritualism, when not practiced by recognized religious bodies or ordained ministers, inside the corporate limits of the city of Salisbury, Maryland. Any person or persons violating any provision or provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof before any court of Wicomico County, Maryland, shall be subject to a fine of not less than one thousand five hundred dollars ($1,500.00) nor more than two thousand five hundred dollars ($2,500.00) for each such offense. (Prior code § 79-21)
 

Sections:
    5.32.010 Definitions.
    5.32.020 Enforcement.
    5.32.030 License required.
    5.32.040 Exemptions from licensing requirements.
    5.32.050 License application.
    5.32.060 Surety bond required.
    5.32.070 License fee.
    5.32.080 Investigation--Issuance of license--Determination of threat to health, safety and welfare.
    5.32.090 Duration, exhibition and surrender of license.
    5.32.100 Renewal of license.
    5.32.110 Denial, revocation or suspension of license--Notice.
    5.32.120 Hours of operation.
    5.32.130 Prohibited areas.
    5.32.140 Violations--Penalties.
    5.32.150 Appeals.
    5.32.160 Other governmental requirements.
    5.32.170 Severability.

Section 5.32.010 Definitions.
    For the purposes of this chapter, unless the context requires otherwise, the following words and phrases have the meanings given by this section:
    "Clerk" means the city clerk of Salisbury, or his or her designee.
    "Hawker" or "peddler" means any person, whether or not a city resident, who engages in the activities, respectively, of hawking or peddling.
    "Hawking" or "peddling" means the act of offering for sale and simultaneous delivery goods, wares or merchandise, including, but not limited to, magazines, books, periodicals, foodstuffs and personal property of every nature, from house to house or from place to place or on the public streets or in any other public or private place; including offering any of the abovementioned items for sale and simultaneous delivery from any type of wagon, vehicle, boat or other movable structure.
    "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
    "Temporary business" means any commercial activity that is not intended to be permanent or ongoing for a minimum of one year.
    "Transient merchant" means any person who, whether or not a resident of the city, engages in a temporary business of selling or offering for sale goods, wares or merchandise, or who displays samples, models, goods, wares or merchandise for the purpose of taking orders for future delivery, within the city from any hotel or motel room, inn, rooming or boarding house, club, storehouse, house or other building, either residential or commercial in nature, that is not owned or leased for a period to exceed ninety (90) days, by the person who engages in such activities. (Ord. 1583 (part), 1994)

Section 5.32.020 Enforcement.
    The provisions of this chapter shall be enforced by the clerk, or his or her designee, and the city police department. (Ord. 1583 (part), 1994)

Section 5.32.030 License required.
    All hawkers, peddlers and transient merchants are required to obtain a license under this chapter prior to engaging in business as a hawker, peddler or transient merchant, unless specifically exempted by the provisions of this chapter. One license will be required in the case of a corporation, firm, partnership or association, which shall hold the person who procures the license responsible for all of the corporation's, firm's, partnership's or association's agents engaging in activities as a hawker, peddler or transient merchant in the city. (Ord. 1583 (part), 1994)

Section 5.32.040 Exemptions from licensing requirements.
    Any person engaged in the following is exempt from the licensing requirements upon compliance with all other provisions of this chapter and submission of applicable identification and documentation to support the claim to exemption:
    A. Selling or offering for sale fruits and farm products grown by himself or herself, with or without the help of others;
    B. Engaging in the delivery of goods, wares or merchandise, including, but not limited to, bread and bakery products, meat and meat products or milk and milk products, in the regular course of business to the premises of any person who had previously ordered the same or was entitled to receive the same by reason of a prior agreement;
    C. Calling on any residence or business for the purpose of hawking or peddling at the request or invitation of the owner or occupant thereof;
    D. Selling or offering for sale any goods, wares or merchandise on behalf of any school, political or civic organization, benevolent society, service club or any not-for-profit organization which has been determined to be exempt from federal income taxation under the Internal Revenue Code of the United States of America;
    E. Selling or offering for sale personal property or any other commodities at wholesale to dealers in such articles;
    F. Conducting a bona fide auction sale pursuant to law or a sale required by statute or by order of any court;
    G. Conducting a yard, garage or attic sale at a person's residence, not more than four days within a twelve (12) month period; and
    H. Selling or offering for sale any goods, wares or merchandise from any booth in a bona fide fair, exposition, antique, collectible or trade show. (Ord. 1583 (part), 1994)

Section 5.32.050 License application.
    Any person wishing to be a hawker, peddler or transient merchant shall file an application for a license with the clerk, giving the following information:
    A. The name, local and permanent address, telephone number, age, weight, height, color of hair and eyes and any other distinguishing physical characteristics of the person making the application;
    B. The name, local and permanent address, telephone number, age, weight, height, color of hair and eyes and any other distinguishing physical characteristics of the person to be licensed;
    C. The name and address of the person to receive notification provided for in this chapter;
    D. If the person making the application is not going to be managing or supervising the person to be licensed, the names, addresses and telephone numbers of all individuals who will be conducting, managing, supervising or administering the business on behalf of the person;
    E. A brief description of the nature of the person's business and goods or services to be sold or offered for sale;
    F. The name and address of the person's employer, if any, including the name and address of the company and the person's immediate supervisor;
    G. A description of the vehicle, if any, that is to be used in connection with licensed activities, including the state license tag and number and the vehicle identification number;
    H. A statement as to whether the person making the application or any person conducting, managing, supervising or administering the business on behalf of the person has ever been convicted of a felony or misdemeanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor;
    I. The place where the goods to be sold or orders to be taken for the sale thereof are manufactured or produced and the proposed method of delivery;
    J. The names of at least two reliable references unrelated to the person making the application who will certify as to the person's good character and reputation. (Ord. 1583 (part), 1994)

Section 5.32.060 Surety bond required.
    Every hawker, peddler or transient merchant shall file with the clerk a surety bond, running to the city, in the amount of one thousand dollars ($1,000.00), with surety qualified to do business in Maryland and acceptable to and approved by the city and with conditions that the hawker, peddler or transient merchant comply fully with all of the provisions of the laws and ordinances of the city and such statutes of the state regulating and concerning the business of hawkers, peddlers and transient merchants. Such bond shall continue in effect for one year after the license expiration date. (Ord. 1583 (part), 1994)

Section 5.32.070 License fee.
    A nonrefundable fee of twenty-five dollars ($25.00) shall be paid to the clerk when the application is filed. (Ord. 1583 (part), 1994)

Section 5.32.080 Investigation--Issuance of license--Determination of threat to health, safety and welfare.
    A. The clerk shall contact the city police department and may contact any other agency of the city government as he or she deems necessary in connection with any investigation under this chapter.
    B. Unless after investigation the clerk finds that the person making the application has not complied with this chapter, or the clerk or chief of police determine that the person being licensed as a hawker, peddler or transient merchant may be a threat to the health, safety and welfare of the citizens of the city, he or she shall issue a license upon the posting of the bond as provided in Section 5.32.060. No license shall be issued to any holder of a license previously issued under this chapter within one year of a revocation of the previous license.
    C. In determining the threat to health, safety and welfare, the clerk shall consider the reputation of the person seeking the license, his or her criminal record, if any, and license history in this or other jurisdictions as reported to the clerk by the police department or any other department or agency of the city government. Emphasis in reaching a decision shall be given to any convictions for crimes of violence, sex offenses, violations of the gaming, narcotic and alcoholic beverage laws and fraud. (Ord. 1583 (part), 1994)

Section 5.32.090 Duration, exhibition and surrender of license.
    A. In the case of hawkers and peddlers, a license issued under this chapter shall be good for one year from the date of issuance, unless earlier suspended or revoked as provided in this chapter.
    B. In the case of a transient merchant, a license issued under this chapter shall be of a duration as set by the clerk after reviewing the application and intended business of the transient merchant; however, no license issued to a transient merchant shall be for a duration of more than ninety (90) days.
    C. Every hawker, peddler or transient merchant shall carry his or her license at any time he or she is engaged as a hawker, peddler or transient merchant. Additionally, he or she shall show his or her license to anyone who shall demand to see the same while he or she is so engaged. If a license is issued to a firm, partnership, association, corporation, company or organization, the original license shall be carried by the owner or supervisor and a copy of the license shall be carried by each agent engaged as a hawker, peddler or transient merchant under such license.
    D. Any license issued under the provisions of this chapter shall be surrendered to the clerk upon expiration, suspension or revocation. (Ord. 1583 (part), 1994)

Section 5.32.100 Renewal of license.
    The holder of any license issued under this chapter who desires a new license to be effective on the expiration of the existing license shall, not less than thirty (30) nor more than sixty (60) days before the expiration of the existing license, file a written application for renewal with the clerk, giving the information set forth in Section 5.32.050. The fee shall be as set in Section 5.32.070. The provisions for approving or disapproving of an application as set forth in Section 5.32.080 shall apply. (Ord. 1583 (part), 1994)

Section 5.32.110 Denial, revocation or suspension of license--Notice.
    A. The clerk may refuse to issue or renew a license or may summarily revoke and suspend any license which has been issued under this chapter if he or she finds that the person making the application withheld or falsified any information required for the license or has been convicted of any of the crimes described in Section 5.32.080 or is in any way in violation of this chapter.
    B. The clerk may suspend, revoke or refuse to renew any license upon a finding that the hawker, peddler or transient merchant engaged in fraud or willful misrepresentation, violated any provision of this chapter, committed any unlawful act or refused to leave any private property immediately when requested to do so by the owner or occupant.
    C. Upon revocation or suspension, the hawker, peddler or transient merchant shall immediately return his or her license to the clerk, and, upon failing to do so, the clerk may request and direct the license be confiscated.
    D. Any denial, revocation, suspension or refusal of renewal shall be accompanied by written notice to the person identified in Section 5.32.050(C) by certified mail. The notice shall contain a reason for the action taken. (Ord. 1583 (part), 1994)

Section 5.32.120 Hours of operation.
    No hawking or peddling shall be conducted in the city except between the hours of nine a.m. and six p.m. each day, except that business may be conducted at a residence when the owner or occupant of such residence has agreed by previously arranged appointment for a time other than the prescribed hours. For the hawking and peddling of foodstuffs, the hours for which it may be conducted are extended from six p.m. each day until dusk each day. (Ord. 1634 § 1, 1996; Ord. 1583 (part), 1994)

Section 5.32.130 Prohibited areas.
    No hawker or peddler (regardless of whether such hawker or peddler is exempt from the licensing requirements of this chapter) shall engage in the activities of hawking or peddling in the city park or any roads or walkways adjacent to or through the city park, or any other place as determined by the mayor and council by resolution of the council from time to time for the protection of the health, safety and welfare of the citizens of the city, except the mayor may grant exemptions for the selling or offering for sale of goods, wares or merchandise as part of a festival, firemen's muster or other bona fide activity within the city park.
    The sale of ice cream products is exempt from this section, provided it is being sold by a vendor who possesses a license with the city of Salisbury allowing ice cream products sales on the portion of Beaver Dam Drive between Picnic Island and the zoo at a location specified by the city and such license shall be for a set term and the person or entity to whom the license is granted shall have insurance, health department approval for a movable vendor facility and have hours as set forth by the city of Salisbury and such other regulations and requirements as the city of Salisbury may require in such license agreement. (Ord. 1634 § 2, 1996; Ord. 1583 (part), 1994)

Section 5.32.140 Violations--Penalties.
    Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00) or imprisoned for not more than thirty (30) days, or both. (Ord. 1583 (part), 1994)

Section 5.32.150 Appeals.
    Any appeal of action taken under this chapter shall be to the mayor. Said appeal shall be effective only if filed in writing in the mayor's office within fifteen (15) calendar days of the action appealed from. Said appeal shall state with specificity the action appealed and relief requested. The appeal will be heard as soon as is practical and the mayor's decision shall be deemed a final administrative decision. (Ord. 1583 (part), 1994)

Section 5.32.160 Other governmental requirements.
    This chapter does not relieve any person of the requirement to comply with any and all applicable statutes, including, but not limited to, state licensing laws, door to door sales laws, Maryland Secondhand Precious Metal Object Dealers and Pawnbrokers Act and home improvement contractor laws. This chapter is not applicable to activities for which the state of Maryland has preempted regulation. (Ord. 1583 (part), 1994)

Section 5.32.170 Severability.
    In the event that any portion of this chapter is held to be invalid, such invalidity shall not affect the other valid portions of this chapter. (Ord. 1583 (part), 1994)
 

Sections:
    5.36.010 Purchase of pipe, boilers, automobile parts and certain other metal products prohibited.
    5.36.020 Purchase of secondhand goods, wares or merchandise restricted.
    5.36.030 Record of purchases required--Inspection and preservation of record book.

Section 5.36.010 Purchase of pipe, boilers, automobile parts and certain other metal products prohibited.
    It is unlawful for any keeper, owner, proprietor or employee of any junk shop or junkyard within the city or for any owner, proprietor or employee of any secondhand store within the city to barter, purchase, exchange, buy or accept from any person whatsoever, except from plumbers holding licenses as such or from the owners of buildings from which the material is taken, any pipe, faucet, boilers, spigots, coils, lead, solder, copper, alloys of metals or manufactures of metals, tin plate, automobile parts or accessories or any other like material whatever. (Prior code § 90-1)

Section 5.36.020 Purchase of secondhand goods, wares or merchandise restricted.
    It is unlawful for any keeper, owner, proprietor or employee of any junk shop or junkyard or secondhand store within the city to barter, purchase, exchange, buy, receive or accept any secondhand goods, wares or merchandise of any kind or nature whatever, other than those referred to in Section 5.36.010, without compliance in all respects with the provisions of Section 5.36.030. (Prior code § 90-2)

Section 5.36.030 Record of purchases required--Inspection and preservation of record book.
    Every owner of a junk shop or junkyard or of a secondhand store shall provide and constantly keep a book, in which shall be fairly written down in the English language, at the time of every purchase of any material as referred to in Section 5.36.020, a description of all articles so purchased, the name and residence of the person from whom such purchase was made and the day and hour of such purchase. Such books shall at all times be open to the inspection of any and every member of the police department, of the sheriff, deputy sheriffs and constables of the county and of the state police of Maryland. Such book shall be preserved for a period of at least three years after the date of the last purchase or transaction recorded in such book. (Prior code § 90-3)
 

Sections:
    5.40.010 License required.
    5.40.020 Fees.
    5.40.030 Issuance of license--Duration.

Section 5.40.010 License required.
    No person shall own, keep, operate or conduct within the corporate limits of the city a Tom Thumb or other miniature golf course where admission is charged, either directly or indirectly, unless a license for the operation of such course has been issued in accordance with the provisions of this chapter. (Prior code § 41-8)

Section 5.40.020 Fees.
    Any person desiring a license, as required in Section 5.40.010, shall pay annually therefor a license fee of fifty dollars ($50.00) for the use of the city; provided, however, that, in the event the application for such license is made on or after July 1st in any calendar year, the fee therefor shall be twenty-five dollars ($25.00). The city clerk is authorized and directed to issue such licenses. (Prior code § 41-9)

Section 5.40.030 Issuance of license--Duration.
    Upon the payment of the license fee as referred to in Section 5.40.020, the city clerk shall issue a license as required in Section 5.40.010. All such licenses shall designate on the face thereof the calendar year for which they are issued and shall state the location of the miniature golf course for which such license is issued and shall expire on the last day of the calendar year in which they are issued. (Prior code § 41-10)
 

Sections:
    5.44.010 License required--Fees.
    5.44.020 License required for halls presenting entertainment--Fees--Duration of license.

Section 5.44.010 License required--Fees.
    A. Except as provided in Section 5.44.020, it is unlawful for any person within the corporate limits of the city to present any play, farce, interlude, show, opera, concert, circus, menagerie or other public exhibition of any kind whatsoever for gain, directly or indirectly, unless he shall first have obtained a license therefor from the city clerk.
    B. The license fee required to be paid for a license under this section shall be as follows:
    1. For every circus or feats of horsemanship performed under a covering of canvas or any other material temporarily erected for that purpose: seventy-five dollars ($75.00) for each day;
    2. For every other exhibition of any kind whatsoever: five dollars ($5.00) for each day. (Prior code § 41-11)

Section 5.44.020 License required for halls presenting entertainment--Fees--Duration of license.
    A. It is unlawful for any person owning or renting a hall located within the corporate limits of the city, fitted up permanently for giving entertainments, as referred to in Section 5.44.010, for gain, to permit such hall to be used for such purpose without first obtaining a license therefor from the city clerk. A license fee of fifty dollars ($50.00) per year shall be paid therefor. When any entertainment, as referred to in Section 5.44.010, is presented in any hall licensed under this section, the license required under Section 5.44.010 need not be obtained.
    B. Licenses issued under the provisions of this section shall expire on the last day of the year in which issued. All such licenses issued during any year shall be charged for on a pro rata basis from the date of issue until the end of the year in which issued. (Prior code § 41-12)
 

Sections:
    5.48.010 License required.
    5.48.020 Issuance of license--Fees.
    5.48.030 Duration of license--Proration of fees.

Section 5.48.010 License required.
    No person shall erect, set up, keep, maintain or in any respect whatsoever use for the purpose of gain or public entertainment within the corporate limits of the city any shuffleboard or any billiard, pool or bagatelle table or bowling alley, nine- or ten-pin alley or any other device or structure in or upon which one or more pins or other objects are set up for the purpose of casting, throwing, pushing or rolling against such pins or other object one or more balls or other missiles without having first obtained from the city clerk a license as provided in this chapter. (Prior code § 41-1)

Section 5.48.020 Issuance of license--Fees.
    A license, as required in Section 5.48.010, shall be issued by the city clerk to any person applying therefor and paying to the city clerk, for the use of the city, the sum of ten dollars ($10.00) for one board, table or alley described in such section and the further sum of five dollars ($5.00) for each additional such board, table or alley kept, maintained, erected, set up or used by the same person in the same apartment or room. (Prior code § 41-2)

Section 5.48.030 Duration of license--Proration of fees.
    All licenses issued under this chapter shall expire on the last day of the year in which issued. All such licenses issued on any other than the second day of the year shall be charged for on a pro rata basis from the date of issue to the expiration of the then current year, and the month of issue shall be considered a full month regardless of the day when application is made. (Prior code § 41-3)
 

Sections:
    5.52.010 Definitions.
    5.52.020 License required.
    5.52.030 Application for license--Contents.
    5.52.040 Investigation of premises--Report.
    5.52.050 Operation of restaurant after revocation of license.
    5.52.060 License fee.
    5.52.070 Refunding of license fee.
    5.52.080 Expiration of license.
    5.52.090 Nontransferability.

Section 5.52.010 Definitions.
    For the purpose of this chapter, the following words shall have the meanings indicated:"Restaurant" means any restaurant, cafe, public dining room, lunch counter or other like place where food is sold for human consumption. (Prior code § 128-1)

Section 5.52.020 License required.
    No person shall operate a restaurant within the city, unless such person shall first have procured a license therefor from the city clerk. (Prior code § 128-2)

Section 5.52.030 Application for license--Contents.
    A. An application for a restaurant license under this chapter shall be made in writing on a form supplied by the city clerk. In such application, the applicant shall agree to conform to all provisions of this chapter and other ordinances of the city and the rules and regulations governing restaurants, to permit such examinations and inspections as may be deemed necessary by the health officer or assistant health officer and to the revocation of the restaurant license at any time for failure to comply with the provisions of this chapter and other ordinances of the city and the rules and regulations governing restaurants.
    B. Any person requesting a restaurant license under this chapter shall complete and sign an application as provided for in subsection (A) of this section, which shall be filed with the city clerk. (Prior code § 128-3)

Section 5.52.040 Investigation of premises--Report.
    Upon the filing of an application as referred to in Section 5.52.030, the city clerk shall notify the health officer or assistant health officer, who shall make an inspection of the premises in connection with which the restaurant license is requested and shall report, in writing, to the council, within four days of receipt of the request from the city clerk so to do, the condition of the premises and whether such premises conform to the sanitary regulations required of restaurants in the city. (Prior code § 128-4)

Section 5.52.050 Operation of restaurant after revocation of license.
    Any person who continues to operate a restaurant after the revocation of the restaurant license issued under this chapter in regard to such restaurant shall be deemed guilty of a misdemeanor. (Prior code § 128-5)

Section 5.52.060 License fee.
    A license fee of twenty-five dollars ($25.00) shall be charged and collected for each restaurant license issued under this chapter. (Prior code § 128-6)

Section 5.52.070 Refunding of license fee.
    No refund of a license fee shall be made upon the surrender or cancellation of any restaurant license issued under the provisions of this chapter. (Prior code § 128-7)

Section 5.52.080 Expiration of license.
    All restaurant licenses issued under this chapter shall expire on the 31st day of December next following the date of issue. (Prior code § 128-8)

Section 5.52.090 Nontransferability.
    Restaurant licenses issued under this chapter shall be nontransferable. (Prior code § 128-9)
 

Sections:
    5.56.010 License required.
    5.56.020 Issuance of license--Fees.

Section 5.56.010 License required.
    Any person who shall promote, conduct or operate within the city a skating rink where admission is charged, either directly or indirectly, before promoting, conducting or operating such skating rink, shall secure a license therefor from the council through the city clerk. (Prior code § 41-4)

Section 5.56.020 Issuance of license--Fees.
    A license, as required by Section 5.56.010, shall be issued by the city clerk upon the payment of the sum of fifty dollars ($50.00) to the city clerk for an annual license or the sum of two dollars and fifty cents ($2.50) per day for a daily license. Payments made for a daily license shall not be credited on the fee for an annual license should such annual license be subsequently issued. (Prior code § 41-5)
 

Sections:
    5.60.010 Definitions.
    5.60.020 License required.
    5.60.030 Application for license--Contents.
    5.60.040 License fee--Renewal.
    5.60.050 Investigation of applicant and proposed theater operation--Report to city council.
    5.60.060 Issuance of license.
    5.60.070 Compliance with standards of operation required.
    5.60.080 Exhibition of nudity.
    5.60.090 Procedure for suspension or revocation of license.
    5.60.100 Violations--Penalties.
    5.60.110 Right of entry and investigation by police chief--Authority to seize evidence.

Section 5.60.010 Definitions.
    A. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
    "Chief of police" means the chief of police of the city.
    "City" means the city of Salisbury, Maryland.
    "Licensee" means the person having a city license in full force and effect issued hereunder for the operation of a theater.
    "Obscene" means whether to the average person, applying contemporary national standards, the dominant theme of the material taken as a whole appeals to prurient interests.
    "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
    "Theater" means any premises in which motion pictures are projected upon a screen or a theatrical performance given for viewing by patrons which is open to the public.
    B. When not inconsistent with the context, words so used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (Prior code § 41-18)

Section 5.60.020 License required.
    It is unlawful for any person to construct, operate or maintain a theater within the city without having a valid license therefor in force and effect under the terms and provisions of this chapter. (Prior code § 41-19)

Section 5.60.030 Application for license--Contents.
    Application for license issued hereunder shall be made upon blank forms prepared and made available by the chief of police and shall state the following:
    A. The name, home address and proposed business address of the applicant;
    B. The number of patrons or customers which the theater is designed to accommodate;
    C. The hours of operation of such theater;
    D. The names, addresses and number of employees and attendants at such theater. In the event such employees and attendants are from time to time changed at such theater, immediate notice of the names and addresses of new employees shall be given to the chief of police;
    E. The type and rating of the theatrical performance or moving picture, including the relative frequency of the various ratings or types, specifying the particular days of the week likely to be involved;
    F. Such other information as the chief of police and the city council shall find reasonably necessary to effectuate the purpose of this chapter and to arrive at a fair determination of whether the terms of this chapter have been complied with. (Prior code § 41-20)

Section 5.60.040 License fee--Renewal.
    An application for license hereunder shall be accompanied by a license fee of fifty dollars ($50.00) to defray the expense of investigation and issuance of the license, which fee shall be returned to the applicant if the license is not issued. Any license issued hereunder shall be renewable on the first day of January of each succeeding year after the date of issuance upon payment of a renewal fee of fifty dollars ($50.00). (Prior code § 41-21)

Section 5.60.050 Investigation of applicant and proposed theater operation--Report to city council.
    Within fifteen (15) days after receipt of an application as provided for herein, the chief of police shall cause an investigation to be made of the applicant and his proposed theater operation and report his finding to the city council. (Prior code § 41-22)

Section 5.60.060 Issuance of license.
    The city council shall authorize the issuance of a license hereunder when it is found:
    A. That the granting of the license is necessary for the accommodation of the public, with particular reference to the type and rating of the theatrical performance or moving picture to be shown and especially during periods when attendance by families and children is likely to be anticipated and that the applicant is a fit person to receive such license, that he has not made a material false statement in the application and that the operation of the business, if the license is granted, will not unduly disturb the peace of the residents of the neighborhood in which the place of business is to be located;
    B. That the requirements of this chapter and all other governing laws and ordinances have been met. (Prior code § 41-23)

Section 5.60.070 Compliance with standards of operation required.
    It is unlawful for any licensee to operate a theater in the city without complying with the following requirements and standards of operation:
    A. Conduct and Operation.
    1. Quiet and Good Order. The licensee shall maintain quiet and good order upon the premises where any theater is operated, and loitering shall not be permitted in or about the entrances to or exits from such theater.
    2. Obscene and Misleading Advertising. The licensee shall not permit any obscene advertising on the premises of any theater, and no picture or other form of advertising shall be permitted which is not true and descriptive of the theatrical performance or moving-picture entertainment so advertised or which misleads or misinforms the public as to the nature of the picture or entertainment to be exhibited.
    3. Gambling Prohibited. The licensee shall not, either directly or indirectly, maintain, operate or carry on any lottery, game of chance, game of skill, bank night, screeno, luck-o-grams or any other games of similar nature or engage in any similar device or plan.
    4. Prizes Prohibited. The licensee shall not make a gift or offer a prize or other thing of value in connection with the operation of such theater as a means of inducing people to attend or buy tickets for such theater, and the licensee shall not advertise or represent to the public that any gift, prize or thing of value will be given in connection with attendance or purchase of tickets for such theater.
    5. Intoxicating Liquors. No person, upon the premises of a theater, whether inside or outside of an automobile, shall have in his possession or under his control or offer to give to another to drink any intoxicating liquors, nor shall a licensee hereunder permit such conduct.
    B. Standards for Maintenance of Premises.
    1. Access. The licensee shall provide access available to public streets or other public ways from at least one point at all times. Such means of access shall be kept clear by the licensee at all times to facilitate the departure of persons from the premises upon which the theater is operated and to permit entrance of fire apparatus or other emergency equipment in case of emergency.
    2. Lighting. Exits and aisles and passageways leading to them shall be kept adequately lighted by the licensee at all times when open to the public. The licensee shall provide artificial light whenever natural light is inadequate.
    3. Installations. Except as otherwise provided by this chapter or other law or city ordinance, the licensee shall provide installations conforming to the requirements of the electrical and fire prevention codes of the city. All systems shall be installed, maintained and operated in a safe and workmanlike manner. The electrical system and equipment shall be isolated from the public by proper elevation or guarding, and all electrical fuses and switches shall be enclosed in approved enclosures. Cables on the ground in areas traversed by the public shall be placed in trenches or protected by approved cover. The installations shall be inspected and approved by the fire marshal and building inspector before the theater is opened to the public and shall thereafter be open to inspection by them at all reasonable times.
    4. Fire-extinguishing Equipment. Fire-extinguishing equipment shall be furnished by the licensee in such amount and in such locations as may be directed by the city fire marshal. Fire-extinguishing equipment shall be inspected and approved by the city fire marshal before the theater is opened to the public and shall thereafter be open to inspection by the city fire marshal at all reasonable hours.
    5. Sanitary Facilities. Adequate and proper sanitary facilities, approved by the building inspector and the department of health, shall be provided by the licensee.
    6. Attendants. At all times when the theater is open to the public, the licensee shall provide an adequate number of qualified attendants on duty at all times, who shall patrol the aisles, exits and entrances of the theater to see that order is maintained, that disorderly or immoral conduct is prevented, that the entrances and exits are kept free from congestion and that this chapter and all other governing ordinances, rules and regulations pertaining to theaters are observed.
    7. Noise. In drive-in theaters, excessive noise shall not be permitted, individual loud speakers shall be provided by each car, and no central loud speaker system shall be operated on such premises.
    8. Commercial Activities. Any sale of soft drinks, confections or other articles of merchandise on the premises where any theater is operated shall be governed by the laws and ordinances governing such business and shall require the same license as if such sales were conducted elsewhere. (Prior code § 41-24)

Section 5.60.080 Exhibition of nudity.
    It is unlawful for any licensee, ticket seller, ticket taker, usher, motion-picture machine operator or any other person connected with or employed by any licensee to show or exhibit at a theater in the city or to aid or assist in such exhibition any motion picture, slide or other exhibit which is visible from any public street or highway or any private residence in which the bare buttocks or the bare female breasts of the human body are shown or in which striptease, burlesque or nudist-type scenes constitute the main or primary material of such movie, slide or exhibit. (Prior code § 41-25)

Section 5.60.090 Procedure for suspension or revocation of license.
    Upon violation of any of the terms hereof by any licensee or the failure or refusal of any licensee to comply with the provisions hereof, the city council may, after public hearing, revoke or suspend the license herein provided for under the procedure hereinafter set out:
    A. The chief of police shall report all violations of this chapter or the failure or refusal of any licensee to comply with any of the provisions hereof to the city council.
    B. Upon receipt of such report, the city council may determine a time and place for the holding of a public hearing to determine whether or not any license issued hereunder shall be revoked or suspended for any period of time.
    C. Written notice of the time and place of such hearing shall be given to the licensee subject thereto, not less than ten days prior to the time of such hearing.
    D. The licensee charged with violation of this chapter shall be given an opportunity to appear in person and be represented by counsel at the hearing herein provided for and shall have the right to examine or cross-examine all witnesses at such hearing.
    E. At such public hearing, the city council shall hear all evidence relative to the alleged violation of this chapter and shall make findings relative to such violations.
    F. If the city council shall find that a violation of this chapter has occurred, it may order the license of the licensee violating any term or provision hereof suspended or revoked for a definite period of time.
    G. Any licensee whose license shall be revoked hereunder may appeal from the order of the city council suspending or revoking such license by appropriate proceedings in the proper court of law; provided, however, that the proceedings by which it is sought to set aside any order of the city council made hereunder shall be commenced within thirty (30) days of the date of the order sought to be rescinded or reversed. (Prior code § 41-26)

Section 5.60.100 Violations--Penalties.
    Any person, firm, corporation, licensee or its agents, servants or employees who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed or continued and, upon conviction of any such violation, shall be punished by a fine not to exceed one hundred dollars ($100.00) for each offense or by imprisonment for thirty (30) days for each offense, or both, in the discretion of the court. (Prior code § 41-27)

Section 5.60.110 Right of entry and investigation by police chief--Authority to seize evidence.
    Any licensee holding a license hereunder shall admit, without charge, the chief of police or his representatives at any time upon the premises covered by such license for the purpose of investigating such premises to determine whether or not the provisions of this chapter are being complied with, and the police department of the city is specifically authorized to seize and hold as evidence any film, slide or other material or paraphernalia used in connection with any violation of this chapter for the purpose of any trial or hearing commenced or held hereunder. (Prior code § 41-28)
 

Sections:
    5.64.010 Definitions.
    5.64.020 License required.
    5.64.030 Application for license--Fees.
    5.64.040 Applicant not to be interested in other licenses.
    5.64.050 Investigation of applicant.
    5.64.060 Certificate of insurance to be filed.
    5.64.070 Procedure for dispatching of towing vehicles.
    5.64.080 Release of removed vehicles.
    5.64.090 Standard towing and storage fees to be charged--Rejection of applications.
    5.64.100 Signs required on vehicles.
    5.64.110 Signed agreement required to make repairs on disabled vehicles.
    5.64.120 Unlawful to provide bail.
    5.64.130 Unlawful to offer gratuities or bribes.
    5.64.140 Violations--Penalties.

Section 5.64.010 Definitions.
    For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
    "Disabled vehicle" means a motor vehicle which has been damaged or rendered inoperative as the result of a collision or accident and not as a result of wear and tear or mechanical failure.
    "Illegally parked vehicle" means any vehicle which is left standing or parked in any area in which parking is prohibited and in which such vehicle is a menace, nuisance or obstacle to the free and effective movement of any traffic or to the operation of emergency vehicles, emergency work or emergency workers, except that any vehicle which is so left standing or parked shall be removed at any time without regard to the forty-eight-hour period mentioned in the preamble of this chapter.*
    "License" means a license to engage in towing disabled, illegally parked and scofflaw vehicles from or through the streets of the city, issued pursuant to this section.
    "Regular business day" means that period between the hours of eight a.m. and six p.m., Monday through Friday.
    "Scofflaw vehicle" means a motor vehicle for which three or more citations for municipal parking violations have been issued and remain unsatisfied, where at least thirty (30) days have elapsed since the issuance of the third unsatisfied citation.
    "Towing" means the moving or removing, or the preparation thereof, of a disabled vehicle, illegally parked or scofflaw vehicle by another vehicle, for which a service charge is made.
    "Towing company" means a natural person, partnership, corporation, fiduciary, association or other entity owning, operating or conducting the business of disentangling, removing or towing illegally parked or scofflaw vehicles and vehicles damaged by collision or other accident.
    "Towing vehicle" means a vehicle that tows, carries or removes a disabled vehicle, illegally parked vehicle or scofflaw vehicle for a fee. (Ord. 1840, § 1, 2002; prior code § 141-1)

* Editor's Note: Said preamble made reference to "those vehicles parked over forty-eight (48) hours or which are illegally parked."

Section 5.64.020 License required.
    It is unlawful for any person to engage in towing disabled vehicles from the scene of a motor vehicle accident, towing abandoned vehicles or any illegally parked vehicle within the city without first having obtained a license from the city treasurer. (Ord. 1840 § 2, 2002)

Section 5.64.030 Application for license--Fees.
    Applications shall be made on forms to be furnished by the city treasurer. The applicant shall pay a filing fee of twenty-five dollars ($25.00) when the application is made, which fee shall be retained by the city to cover the initial examination and inspection costs, and, if the application is approved, shall pay the further sum of seventy-five dollars ($75.00) covering the license for the then-current calendar year and, thereafter, shall pay each year the sum of seventy-five dollars ($75.00) for a renewal of the license. Said license shall not be transferable or refundable. The seventy-five-dollar license fee will cover each towing company. (Prior code § 141-3)

Section 5.64.040 Applicant not to be interested in other licenses.
    Every applicant shall make an oath that he is not directly or indirectly financially interested in any other such license. (Prior code § 141-4)

Section 5.64.050 Investigation of applicant.
    The city treasurer, after the receipt of an application for a license, shall forward the same to the chief of police or his designee for the investigation and inspection of the following:
    A. The applicant must have one Class II vehicle, or if they have two or more towing vehicles, one must be a Class I vehicle, as defined in the administrative regulations.
    B. The applicant must have a set of dollies or other means to remove a vehicle without wheels.
    C. The applicant must have fire extinguishers, as specified in the administrative regulations.
    D. The applicant must have hand tools sufficient to clean scenes of minor debris.
    E. The towing vehicles of the applicant are in good mechanical condition, equipped with necessary towing gear and safety apparatus and are registered as commercial hauling vehicles with the department of motor vehicles.
    F. The applicant must have adequate off-street storage facilities. The storage facilities must have adequate fencing to ensure that persons cannot climb over or under the fence, and said fence must be secured with a lockable gate. Further, said storage facilities must be protected at night by security lights.
    G. That the towing service will store vehicles at his place of business and can guarantee the security of the vehicle stored or will store the vehicle at any other location directed by the police officer.
    H. The chief of police or his designee shall promptly approve or disapprove all applications and shall report his findings to the city treasurer. Thereafter, the city treasurer shall, after payment of all fees, issue the license. (Prior code § 141-5)

Section 5.64.060 Certificate of insurance to be filed.
    Every person who shall be licensed in the towing business, under the provisions of this chapter, shall file with the city treasurer a certificate of insurance evidencing coverage for garage liability with a minimum of five hundred thousand dollars ($500,000.00), with a maximum of one hundred dollars ($100.00) deductible, and coverage for garage keeper's liability, with a minimum of fifty thousand dollars ($50,000.00). (Prior code § 141-6)

Section 5.64.070 Procedure for dispatching of towing vehicles.
    The city treasurer shall furnish the police department current lists of all duly licensed towing operators. Whenever the service of a towing vehicle shall be required and a request is made to the police department for providing such services, the police department shall have dispatched, to the place where the services are required, a vehicle operated by that towing operator, whose license was first obtained and then request subsequent towing vehicles as needed on a chronological and rotating basis. If a towing vehicle is not available, the next operator listed chronologically shall be called. If a towing vehicle does not arrive at the scene of the collision, parking violation or accident within twenty (20) minutes after the request is made, the officer at the scene shall notify the police department of such fact. It shall contact the next towing company, etc., as if the first towing company had not been contacted. Consideration will be given, however, to abnormal traffic patterns that result from adverse weather conditions, emergencies or other causes. Upon arriving at the scene of an accident, the towing operator shall immediately remove the disabled vehicle to his storage lot or other location and notify the police officer of the location of the storage. In the event a disabled vehicle cannot promptly and efficiently be removed from the scene of an accident, the towing operator may have the police department call the next-listed licensee to assist in such removal. A towing operator shall be required to release disabled vehicles during the regular business day. No person shall, in any way, solicit for towing business, nor shall any person attempt to take any vehicle in tow unless he or it shall have been summoned by the person involved in the accident or the police department. (Ord. 1840 § 3, 2002)

Section 5.64.080 Release of removed vehicles.
    Vehicles removed at the order of the police department may not be released to the owners/operators until approved by the police department and until the payment of all fines and fees. In the case of city parking regulations, this applies uniformly to all:
    A. Motor vehicles not registered in the state of Maryland;
    B. Motor vehicles registered in the state of Maryland;
    C. Motor vehicles registered in the state of Maryland to leasing companies and rental agencies;
    D. Nonregistered motor vehicles. (Prior code § 141-8)

Section 5.64.090 Standard towing and storage fees to be charged--Rejection of applications.
    A. Every person engaged in towing scofflaw vehicles shall, at the time of his application for a license, file with the city treasurer a statement that he will charge the standard towing and storage fees approved by the mayor and city council, or their designated agent, for all licensees in connection with providing various kinds of towing services and storage of scofflaw motor vehicles. The towing company shall only charge fees which have been approved by the mayor and city council.
    B. The police department, upon receiving the application, shall have the authority to reject it when it finds that the applicant is not qualified to perform the towing and storage services. In such case, it shall give suitable notification to the applicant of its reason for rejecting the application, and the applicant shall have a right of appeal to the mayor and council. (Prior code § 141-9)

Section 5.64.100 Signs required on vehicles.
    On each side of every towing vehicle there shall be legibly inscribed the name and address of the owner of each towing vehicle. Letters and numerals required by this section shall not be less than four inches in height. (Prior code § 141-10)

Section 5.64.110 Signed agreement required to make repairs on disabled vehicles.
    A. It is unlawful for any towing company to make repairs for a consideration on any disabled vehicle removed by a towing vehicle without first entering into a signed agreement with the owner of the disabled vehicle or his authorized representative, which agreement shall include an estimate of repairs.
    B. One copy of any agreement entered into pursuant to this section shall be given to the owner of this disabled vehicle or his authorized representative.
    C. One copy of any agreement entered into pursuant to this section shall be retained as a permanent record for a period of two years by the licensed person who owns or leases the towing vehicle to be used in towing or removing the disabled vehicle. (Prior code § 141-11)

Section 5.64.120 Unlawful to provide bail.
    It is unlawful for any person towing disabled vehicles to offer to secure or provide bail or to enter into any agreement, oral or written, to secure or provide bail or to arrange for the providing of bail for any person involved in a motor vehicle collision or accident in the city, with the exception that this section shall not apply to bona fide automobile clubs, associations or insurance companies. (Prior code § 141-12)

Section 5.64.130 Unlawful to offer gratuities or bribes.
    It is unlawful for any person to offer to give any gratuities, bribes or inducements of any kind to any officer or employee of the city or any governmental officer or employee whose salary is paid out of the city treasury in order to obtain towing business or recommendations for the towing or storage of or the estimating upon or repairing of disabled vehicles. (Prior code § 141-13)

Section 5.64.140 Violations--Penalties.
    Any person who shall violate any of the provisions of these sections shall be guilty of a misdemeanor and subject to a penalty or five hundred dollars ($500.00) for each such offense, recoverable with costs. In addition, the mayor and council shall have the power to revoke or suspend the license of any person licensed to engage in a towing business who shall violate any of the provisions of these sections or any rules or regulations promulgated pursuant hereto or who shall fail to comply with any of the provisions pursuant hereto or who shall fail to comply with any of the provisions and terms of any towing agreement executed pursuant to these sections. (Prior code § 141-14)

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125 N. Division St.
Salisbury, MD 21801-4940
mchurch@ci.salisbury.md.us