A. Rules And Definitions:
1. Rules For Word Use: When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The headings used herein are solely for convenience only and shall not be relied upon in construing any provision hereof.
2. Definitions:
CITY: The city of Highwood, Illinois.
GROSS REVENUE: All revenue actually received directly or indirectly by any person including, but not limited to, its affiliates, subsidiaries, parents, or any entity in which the person has a financial interest, from, or in connection with, the sale of video programming by electronic distribution in the city. This shall include, but not be limited to, revenue from all service fees including user fees, regular subscriber service fees, installation and reconnection fees, leased channel fees, converter and other equipment rentals, and advertising revenues. Advertising revenues attributable to "gross revenue" for distribution within the city shall be determined by apportioning the total advertising revenue of the electronic distribution system among those governmental units entitled to a portion of those revenues based on the number of subscribers in each such unit as a percentage of the total number of subscribers in all such units. "Gross revenue" shall not include any taxes imposed directly upon any subscriber or user by a state, local or other governmental unit and collected by such person on behalf of such governmental unit.
PERSON: Any individual, firm, partnership, domestic or foreign corporation, association, joint venture or other legally recognized entity or organization.
SUBSCRIBER: Any person who legally receives, or has legally contracted for the right to receive, an electronic distribution signal or service and does not further distribute such signal or service.
B. Tax Imposed: Any person engaged in the electronic distribution of video programming to subscribers within the city including, but not limited to, operators of satellite master antenna systems (SMATV), multichannel multipoint distribution systems (MMDS) and/or wireless cable direct broadcast satellite systems (DBS), shall pay to the city an electronic video programming tax in an amount equal to five percent (5%) of the annual gross revenues collected by such person from or in connection with its operation of an electronic video programming service within the city.
C. Due Date; Report Required: Payment of the electronic video programming tax shall be made monthly, not later than sixty (60) days after each month. Each electronic video programming tax payment shall be accompanied by a report showing the basis for the computation and other relevant facts as may be directed by the city.
D. Audit And Recomputation Of Payments: No acceptance of any electronic video programming tax payment shall be construed as an accord that the amount paid is in fact the correct amount. All amounts paid shall be subject to audit and recomputation by the city; provided, however, that the city shall not audit the person's revenue records more often than twice during each calendar year.
E. Penalty Interest: In the event that any electronic video tax payment or recomputed amount is not made on or before the applicable dates heretofore specified, interest shall be charged daily from such date at the annual rate of twelve percent (12%) or at an annual rate equal to the prime rate at the Continental Illinois National Bank and Trust Company of Chicago, plus two percent (2%), whichever is higher.
F. Payment Required: Nothing in this section shall in any way authorize the late payment of any sum due hereunder, and all such sums shall be paid in a prompt and timely manner. (Ord. 92-O-59, 12-15-1992)