(a) In the event a grantee fails to pay franchise fees pursuant to Section 11-1.1502 of this article, or the Board determines that a grantee has paid franchise fees in a lower amount or amounts than prescribed, written notice thereof shall be mailed to the grantee. The notice shall show the basis for the determination that fees are owing, and the amount thereof, if known, and may show the amount of interest and penalties accumulated to date.
(b) Within thirty (30) calendar days following the date of the mailing of such notice, the grantee may pay any amount stated in the notice, plus interest and penalties, without protest. Any payment made without the accompaniment of a written statement of protest shall constitute a waiver of the right to request arbitration or other relief respecting any and all amounts so paid.
(c) Within thirty (30) calendar days following the date of the mailing of such notice, the grantee, alternatively, may file a written request for arbitration with the Clerk of the Board objecting to the payment, and specifically identifying why an objection is made, and wherein the grantee disagrees with the determination. At the time of filing such a request for arbitration, the grantee may deposit with the County, under protest, any amount, including interest and penalties, which the grantee estimates to be in dispute. Any such deposit shall be accompanied by a written statement by the grantee stating that the amount deposited is pursuant to protest and a request for arbitration. From and after the date of any such deposit, interest and penalties on such amount shall accrue subsequent to the date of the deposit. In the event it is finally determined that the whole or any portion of an amount so deposited under protest was not owing by the grantee, such amount, without interest, shall be credited against and reduce the amount of the franchise fees which become owing by the grantee subsequent to the date of such final determination; provided, however, no such future payment shall be reduced as such a credit by an amount greater than ten (10%) percent of the franchise fee payment otherwise owing; and provided, further, in no event shall the County become or be liable to the grantee for the reimbursement of any portion of an amount so deposited under protest, except as a credit against any future franchise fees which become owing.
(d) If the notice to the grantee by the County shows the amount of franchise fees owing, including interest and penalties, the Board’s determination shall become final and conclusive, not subject to judicial review or reversal by any authority and judicially enforceable, unless the grantee requests arbitration within the time and in the manner prescribed in this section.
(e) If the grantee fails to either pay the franchise fees without protest or requests arbitration, and if the notice by the County does not specify the amount of franchise fees, including interest and penalties, owing, or if the grantee pays an amount without protest, and the Board disagrees that the amount paid is the amount owing, the Board, at its sole discretion, may request arbitration by mailing a written notice of its election to arbitrate to the grantee.
(f) If arbitration is requested, the arbitration panel shall be selected, the hearing scheduled within the time prescribed, notice given, the hearing conducted, a decision made, and the costs divided in the manner prescribed by Sections 11-1.1214 through 11-1.1219 of Article 12 of this chapter. The discovery provisions of the California Arbitration Act (Sections 1280, et seq. of the Code of Civil Procedure of the State) shall be applicable to the arbitration proceedings under this section. The questions which may be submitted to the arbitration panel and the jurisdiction of the arbitration panel shall be limited to the following:
(1) The interpretation of the provisions of the franchise documents solely in relation to the decision required by subsection (g)of this section; and
(2) The amount, if any, owing by the grantee.
(g) The grantee shall immediately pay any amount determined to be owing by the arbitration panel. The arbitration award may be judicially enforced, shall be final, binding, and conclusive upon the parties, and shall not be subject to judicial review or vacation, except on the grounds set forth in Section 1286.2 of the Code of Civil Procedure of the State. (§ 1, Ord. 961, eff. October 27, 1983)