(A) An MCS provider shall keep complete and accurate books of accounts and records of the business and operations under and in connection with the MCS system.
(B) The Council/franchising authority shall have the right to review (either by mail or at the MCS provider's local office) all records needed for the administration enforcement of this chapter or any franchise on seven days written notice. Such review, unless mutually agreed upon or judicially ordered should occur within the MCS provider's regular office hours.
(C) The Council/franchising authority shall have the right to hire, at its own expense, an independent certified public accountant or other business or financial expert to review the books and records of an MCS provider. If after a financial audit it is determined that the MCS provider has under paid amounts owed to the city (in excess of 2%), then the city may require the MCS provider to reimburse the city for the actual cost of the audit. Note well, however, that absent fraud, all audits shall be binding on the city.
(D) A false entry into the books and/or records of an MCS provider made by an MCS provider of a material and substantial fact shall constitute a material violation of this chapter. However, an erroneous entry, made in good faith, shall not constitute a material violation of this chapter.
(E) An MCS provider at the local office shall keep complete and accurate books and records of the key aspects of the multi-channel system's operation for at least the preceding four years in such a manner that all matters pertaining to the city can be easily produced and/or verified at the city's request. Also, the MCS provider shall keep at its local office and shall make available and provide upon request any other applicable records and information that may be required by any other federal or state agency having jurisdiction over MCS providers.
(Ord. 4-1994-20, passed 4-12-94) Penalty, see § 112.999