All Persons engaged in the business of transmitting, by means of the lease of a frequency or frequencies from the grantee or grantees of community antenna television systems or cable systems, or by use of a cable system, a signal or transmission providing a television picture or other video, audio or data services to subscribers thereof in the City of Chula Vista for the payment of a fee shall pay the City annually, in lawful money of the United States, a franchise/right-of-way access fee equal to a percentage of its gross receipts in an amount determined by the City Council through a negotiated franchise agreement or by independent City Council action. The current fee shall be set at five percent of the service provider’s gross receipts but may be modified in a negotiated agreement. In no event shall a fee charged hereunder exceed the maximum fee allowable by applicable federal or state law. Such fees shall apply regardless of whether a party providing such service(s) has a fixed place of business within the City. In any case in which a Person transmitting a signal providing a television picture or other service to subscribers thereof is not subject to a local franchise but is, per applicable laws, subject to in-lieu or other fees payable to the local franchising authority for use of right-of-way or for other lawful consideration or purpose, said Persons shall pay to the City annually, in lawful money of the United States, an in-lieu fee equivalent to the franchise fee in effect under this section. (Ord. 2797 § 1, 1999; Ord. 1777 § 1, 1977; Ord. 1536 § 1, 1974; Ord. 1434 § 1, 1972; prior code § 18.73).