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ORDINANCE 1809 <br />AN ORDINANCE OF THE TOWN OF LOS GATOS <br />AMENDING CHAPTER 9 OF THE TOWN CODE <br />RELATING TO CABLE TELEVISION <br />THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY <br />ORDAIN: <br />SECTION I <br />Section 9.20.130 of Article II of Chapter 9 of the Town Code is hereby amended to <br />read as follows: <br />Section 9.20.130 - Gross revenues. <br />"Gross revenues" means all cash, credits, property of any kind or nature or <br />other consideration derived directly or indirectly by a Franchisee, its affiliates, <br />subsidiaries, parent, and any other person or entity in which the Franchisee has a <br />financial interest or which has a financial interest in the Franchisee, arising from or <br />attributable to operation of the Cable Television System within the franchise area <br />including, but not limited to: (1) revenue from all services provided on the <br />Subscriber Network and Institutional Network (including Leased Access fees); (2) <br />advertising revenues; (3) revenue from the use of studio facilities, production <br />equipment and personnel; (4) revenue from installation, connection and <br />reinstatement and the provision of subscriber and other services; and (S) the sale, <br />exchange or cable cast for a value of any programming developed for community use <br />or institutional users. "Gross Revenues" shall include, valued at retail price levels, <br />the value of any goods, services or other remuneration in non - monetary form <br />received by the Franchisee or others described above in consideration for <br />performance by a Franchisee or others described above of any advertising or other <br />service in connection with the Cable Television System. <br />"Gross Revenues" shall not include: (1) any taxes or services furnished by the <br />Franchisee which are imposed directly upon any Subscriber or User by the United <br />States, State of California or local agency and collected by the Franchisee on behalf <br />of the government, or any copyright or other fee collected on behalf of the Federal <br />Copyright Tribunal or similar or successor entity; (2) revenue received directly from <br />the Franchisee by an affiliate, subsidiary or parent of the Franchisee or any other <br />person or entity in which the Franchisee has a financial interest in the Franchisee, <br />when the revenue received has already been included in reported Gross Revenue as <br />received by the Franchisee; (3) revenue received for refundable deposits. <br />1 <br />