(A) Fee imposed. A fee is hereby imposed on any holder providing cable service or video service in the village.
(B) Amount of fee. The amount of the fee imposed hereby shall be 5% of the holder’s gross revenues. The fee can be no greater than the fee paid to the village by an incumbent cable operator providing cable service.
(C) Notice to the village. The holder shall notify the village at least 10 days prior to the date on which the holder begins to offer cable service or video service in the village.
(D) Holder’s liability. The holder shall be liable for and pay the service provider fee to the village. The holder’s liability for the fee shall commence on the first day of the calendar month following 30 days after receipt of the ordinance adopting this subchapter by the holder. That ordinance shall be sent by mail, postage prepaid, to the address listed on the holder’s application notice sent pursuant to ILCS Ch. 220, Act 5, § 21-401(b)(6) to the village.
(E) Payment date. The payment of the service provider fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.
(F) Exemption. The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the village in which a fee is paid.
(G) Credit for other payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to ILCS Ch. 220, Act 5, § 21-301(c) with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under division (B) above.
(Ord. 2008-09, passed 4-22-2008) Penalty, see § 112.99