CHAPTER 14 MOTOR VEHICLES AND TRAFFIC.*
Article XIII. Taxicabs and Vehicles for Hire.
Sec. 14-13-3. Operator’s permits.
(a) Any person or entity seeking to operate a business providing taxicab
or vehicle for hire service shall submit an application in writing, signed by
the operator, and shall set forth all information required, including but not
limited to the following:
(1) Name and address of each operator applying to
operate taxicabs or vehicles for hire;
(2) Fictitious business name of the
operator, if any;
(3) Mailing address and business telephone number of the
operator;
(4) Name, address, age and driver’s license number of each
employee who will be driving the operator’s vehicles;
(5) Total number
of vehicles to be operated in the city under the operator’s permit and,
for each of such vehicles the manufacturer, model year, vehicle type, vehicle
identification number (“VIN”), license plate number, passenger
capacity and proof of commercial registration;
(6) Description of the color
scheme, insignia, trade style and/or any other unique characteristics of the
taxicab or vehicle for hire design and placement of city required markings and
company markings;
(7) The street address(es) from which the operator
conducts or will conduct the taxicab or vehicle for hire business; where
dispatch will be conducted; and each location at which the business’s
vehicles will be garaged;
(8) Prior experience of the operator in a taxicab
or vehicle for hire business, including the details of any prior permit denial,
revocation or suspension by any public agency of any type of operator’s or
driver’s permit, license or certificate;
(9) A certification that no
driver employed or to be employed by the operator has been convicted of driving
under the influence of alcohol or drugs in any state within three calendar years
preceding the date of application;
(10) A certification that no driver
employed or to be employed by the operator has been convicted of any violent
felony offense or sex-related offense within five calendar years preceding the
date of application;
(11) Rates to be charged to the public throughout the
term of the operator’s permit;
(12) Federal taxpayer identification or
social security number of the operator;
(13) Satisfactory proof of insurance
as provided in Section 14-13-8 of this article for each driver and vehicle to be
operated in the city under the permit;
(14) Satisfactory evidence that the
operator has complied and currently complies with the provisions of California
Government Code Section 53075.5(b)(3), or any successor provision, pertaining to
pre-employment and periodic testing of drivers for controlled substances and
alcohol, and with provisions pertaining to payment for drug and alcohol testing
programs and related reporting requirements. The operator must also provide
satisfactory evidence from a city-approved lab that each driver who will operate
a taxicab or vehicle for hire within the city has tested negative for drugs and
alcohol as required by Section 53075.5;
(15) Unless otherwise provided by
law, evidence that the operator has procured worker’s compensation
insurance covering all drivers to be employed by the
operator;
(16) Submission of Department of Motor Vehicles (DMV) pull notice
program requestor code number, as defined in Vehicle Code Section 1808.1, issued
to the operator. As a condition of accepting an operator’s permit, the
operator is required to notify the city immediately if it receives a DMV pull
notice on one of its drivers that would affect that person’s
driver’s permit. In the event a driver’s DMV record indicates that a
driver no longer qualifies for a driver’s permit, the operator must
require the driver to surrender the driver’s permit to the chief of
police. DMV pull notice records must be made available for review by the city
upon request;
(17) Submission of records of any convictions in any court of
any state of the United States or in any United States court with respect to any
operator or driver identified in the operator’s permit application;
including any such convictions following a plea of no contest or nolo
contendere. City council specifically authorizes the chief of police or designee
to receive state and local summary criminal history information in fulfilling
his licensing duties under this article; and
(18) Satisfactory proof that
the business will be operated in compliance with all provisions of this
article.
(b) An operator’s permit shall be granted unless:
(1) The
operator fails to submit a complete application;
(2) The operator makes any
omission, untrue statement or material misrepresentation in the application or
provides fraudulent documentation with the application;
(3) The operator has
violated this article within the last three years;
(4) The public
convenience is not served;
(5) The operator is not morally or financially
responsible;
(6) Any vehicle proposed to be operated lacks the required
equipment, is improperly licensed or is unsafe;
(7) There is an absence of
satisfactory proof that the taxicab or vehicle for hire operator will comply
with the provisions of this article;
(8) Additional taxicab or vehicle for
hire service will have a detrimental effect on traffic and parking within the
city or will otherwise be contrary to the public welfare;
(9) The operator
has been convicted of any violent felony offense or sex-related offense within
the preceding five years or any other felony offense or any misdemeanor offense
involving sexual assault of any kind, violent behavior, moral turpitude, theft
or fraud within the preceding three years, including any such convictions
following a plea of no contest or nolo contendere, taking into consideration the
nature of the conviction, the age of the operator at the time of the conviction,
any evidence of rehabilitation and the relationship of the conviction to the
propriety of the operator operating a taxicab or vehicle for hire;
or
(10) The operator has not otherwise complied with this
article.
(c) The issuance of an operator’s permit is conditional upon
such owner ensuring that each taxicab or vehicle for hire operated by such
operator has a vehicle permit issued by the city and each driver of such taxicab
or vehicle for hire has a driver’s permit issued by the city. The operator
shall notify the city immediately upon termination of employment of an employee
hired to operate a taxicab or vehicle for hire in the city. (Ord. No. 1399,
§ 3 (part).)
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