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(A) In determining whether the public convenience and necessity require the franchising of taxicabs, the City Council shall, among other things, take into consideration the following factors.
(1) Whether or not the public convenience and necessity require the proposed or additional taxicab service within the city.
(2) The financial responsibility of the applicant and the likelihood of the proposed service being permanent, responsible, and satisfactory.
(3) The number and condition of equipment.
(4) The schedule of proposed rates to be charged.
(5) The number of taxicabs now operated and the demand for increased service, if any, and whether or not the safe use of the streets by the public, both vehicular and pedestrian, will be preserved, and whether or not adequate provision has been made for off-street parking of the taxicabs.
(6) The experience of applicant in the taxicab business.
(7) Any other relative facts as may be deemed necessary and advisable.
(B) Before making any decision with respect to the issuance of a certificate of convenience and necessity, the Council, or a committee thereof, shall make a full and complete investigation of all facts, and may, if it so desires, subpoena witnesses and utilize the service of the Chief of Police or any other officer or employee of the city.
('58 Code, § 18-5)
Each application for a certificate of convenience and necessity shall be scheduled for a hearing not later than 20 days after the application is filed. The applicant shall be notified by the City Clerk by mail to the business address set forth in the application of the date and time of the hearing, the notification to be sent at least ten days before the date and time of the hearing. The City Clerk shall also, within the same time, notify all persons who at that time hold certificates of convenience and necessity for the operation of taxicabs within the city, of the date and time of the hearing, and the name of the applicant. In addition, the City Clerk shall cause to be published at least once in a newspaper of general circulation at least ten days before the hearing, a notice setting forth the name of the applicant and the date and time of the hearing. The cost of the publication shall be paid for by the applicant.
('58 Code, § 18-6)
A certificate is not transferable without the consent of the City Council. Applications for a permit to transfer shall be filed in the same manner as an application for a certificate of convenience and necessity. The proceedings upon the application for a transfer shall be the same as those described for the issuance of a certificate, except that the question of public convenience and necessity need not be proved. In the event the franchise has been issued to a corporation, any change in the ownership of the stock shall be approved by the Council.
(‘58 Code, § 18-9) (Am. Ord. 22-01, passed 1-3- 22) Penalty, see § 10.99
(A) The City Council may at any time after a public hearing revoke any certificate issued by authority of this subchapter for any one, or more, of the following causes.
(1) Failure to operate the taxicabs specified in the certificate in such a manner as to serve the public adequately and efficiently.
(2) Failure to maintain motor equipment in good repair.
(3) Failure to carry liability insurance or bond as required by ordinance.
(4) Failure to pay to the city the taxes or license fee for each taxicab, imposed upon the taxicabs.
(5) Repeated and persistent violation by the taxicab drivers of traffic and safety ordinances, or state laws relating to alcoholic beverages or prostitution.
(6) Failure to report accidents.
(7) Wilful failure to comply with any provision of this chapter or ordinances or state laws relating to the operation of taxicabs.
(B) No certificate shall be revoked until the owner has had at least five days' notice by personal service or registered mail of the charges against him and of the time and place of the hearing. If, after the hearing, it is found that the owner is guilty of one or more of the offenses listed in division (A) above, Council shall have the power to revoke the certificate, or to condition a revocation upon compliance with its order within any time fixed by it.
('58 Code, § 18-10)
The person to whom a certificate has been issued may, by appropriate endorsement thereon by the City Clerk, substitute other vehicles for the vehicles for which the certificate was granted. In this instance, the liability insurance or bonds shall also be transferred to the substitute vehicle.
(‘58 Code, § 18-11) (Am. Ord. 22-01, passed 1-3- 22) Penalty, see § 10.99
All taxicabs and jitneys hauling passengers in the city shall carry indemnity insurance while operating in or out of the city. The insurance shall be in the sum of not less than the minimum level of liability insurance required by G.S. Chapter 20, Article 9A (Motor Vehicle Safety and Responsibility Ace of 1953) to cover injury to one or more persons on account of the operation of the taxicab or jitney.
('58 Code, §§ 18-12 and 18-13) (Am. Ord. 04-01, passed 1-5-04
Every person operating taxicabs shall have permanent signs at conspicuous places on each taxicab showing that it is a taxi and the name of the franchise and the number of the taxicab assigned.
(‘58 Code, § 18-14) (Am. Ord. 22-01, passed 1- 3-22) Penalty, see § 10.99
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