§ 10. [Fee for franchise; display time.]

(A)

Fee for franchise. In consideration of the rights granted the company by this franchise, the company agrees to pay the city a fee equal to six (6) percent of the gross revenue collected that the company derives from advertising on the advertising display fixtures operated within or for display visible within the easement area of the pedestrian skyway system.

The fee shall be paid to the city quarterly, within thirty (30) days after the expiration of each calendar quarter. Each payment shall be based upon the gross advertising revenues, including charges for preparation of advertising materials and introduction of the advertising display system, received in the preceding calendar quarter.

The gross revenue shall mean all advertising revenue derived directly or indirectly by the company, its affiliates, subsidiaries, a parent company or any person in which the company has a financial interest, from or in connection with the operation of the franchise prior to any deduction; provided, however, that this shall not include any taxes or services furnished by the company imposed directly upon any advertiser by the city, state or other governmental unit and collected by the company on behalf of said governmental unit.

(B)

Display time. In lieu of the franchise fee provided in Section 10(A) of this ordinance, as the city council acting with the advise of the skyway governance committee but in the sole exercise of its discretion may determine, the company shall provide the city with the right during the term of the franchise to display messages and promotional advertising on all advertising display fixtures the company places within the easement area or outside of the easement area in downtown Saint Paul, including Town Square Park, for display to pedestrians transiting the pedestrian skyway system, without cost to the city, of six (6) percent of the total display time to be available: twenty-five (25) percent during prime time, fifty (50) percent during standard time, and twenty-five (25) percent during extended time, as these terms are defined in Section 19B of this ordinance, or in such other manner and times as the city and company may from time to time agree upon. The company shall prepare all graphics and set up all city display messages without cost to the city. City display time on advertising display fixtures located in Town Square Park shall be in addition to display time provided the city parks and recreation division under its permit agreement.

(Ord. No. 17644, § 10, 3-30-89)