This section shall be inoperative so long as any provision of Chapter 4.73 of this Code requiring franchises for taxicab operators is in effect notwithstanding any provision of Section 4.73.210 to the contrary.
.010 The City Council has heretofore determined that, as of the effective date of this section, a maximum of two hundred thirty (230) taxicabs are required to adequately serve the taxi needs of the City, its residents and visitors, together with such temporary taxicabs as may be issued temporary permits pursuant to the provisions of Section 4.72.085 of this chapter to meet the temporary or occasional needs for additional taxi service. As of the effective date of this section, the City has issued, and there are in effect, three operator's permits authorizing a total of two hundred eighty-two (282) taxicabs in the City, together with such temporary taxicabs as have been or may be issued temporary permits pursuant to Section 4.72.085 of this chapter.
.020 Additional Permits. Upon the effective date of this section, the application period for operator's permits shall be deemed closed and no applications for operator's permits shall be accepted, processed, or approved by the City, including any operator's permit applications filed with the City prior to the effective date of this section, except as hereinafter provided in this chapter.
.030 Permit Application Period. In conjunction with, or following, either (i) the adoption of a resolution of public convenience and necessity pursuant to subsection .050 below, or (ii) any City Council decision terminating any existing operator's permit becoming final pursuant to Section 1.12.100 of this Code, the City Council, by resolution, may establish a date that the application period for operator's permits shall be deemed open (the "open application date") and a deadline date for the receipt of such applications (the "application deadline"). Following the application deadline, the application period for operator's permits shall be deemed closed and no further applications for operator's permits shall be accepted by the City until the application period is reopened upon the occurrence of one of the events described above.
.040 Processing of Permit Applications. Upon the receipt of one or more operator's permit applications during any open application period, the City shall process such applications in the order that such applications were received by the City Clerk; provided, however, that all applications filed with the City Clerk on the first day of any open application period shall be deemed received at the same moment in time, and the order of the processing of such applications, including the order of scheduling and conducting any public hearings thereon, and the order of any decisions thereon by the City Council, shall be determined by a random drawing by the City Clerk held at a time and place determined by the City Clerk following notice to all applicants which filed applications on such first day of the application period. The City Council shall process and consider such timely filed applications in a sequential manner with each succeeding application processed, a public hearing conducted, and a decision made by the City Council thereon, only after a final decision by the City Council on the immediately preceding application. The City shall continue to process said applications in this manner until such time as the City Council has issued one or more additional operator's permits authorizing additional taxicabs in the maximum number authorized and established pursuant to this section (the "permit exhaustion occurrence"). Upon the permit exhaustion occurrence, the City shall immediately cease the processing of any pending applications and the applicants therefor shall be notified in writing by the City Clerk that the City Council has awarded permits for the maximum number of authorized taxicabs, that all further proceedings with regard to any pending applications are terminated without prejudice to any future applications, and shall return any application fees theretofore submitted with such terminated applications. Following the permit exhaustion occurrence, no further applications for operator's permits shall be accepted, processed or approved until the application period is reopened upon the occurrence of one of the events described in subsection .030 above.
.050 Determination of Public Convenience and Necessity for Additional Taxicabs. The City Council, at its sole and absolute discretion, by motion duly adopted by the City Council, may at any time, or from time to time, schedule and conduct a public hearing and determine, by resolution, whether the public convenience and necessity require the operation of additional taxicabs in the City. If the City Council determines that additional taxicabs are required, the resolution shall specify the number of additional taxicabs so required. Said resolution shall constitute the resolution referred to in subsections .030 and .040 of this section. Any determination that the public convenience and necessity require the operation of additional taxicabs in the City shall be based upon the following findings:
.0501 That the additional taxicabs will not substantially impair the ability of the persons then currently holding taxicab operator's permits from the City, under efficient management, to earn a fair and reasonable return on their capital investments devoted to such taxicab service;
.0502 That the persons then currently holding taxicab operator's permits from the City, under normal conditions, are not adequately serving the reasonable taxicab needs in the City; and
.0503 That the additional taxicabs, together with the taxicabs then currently operated by persons holding taxicab operator's permits from the City, will not unduly congest, overburden, or interfere with any public street access or traffic flow, or any public or private parking, or any public or private taxi stands or taxi queuing areas, or otherwise create any danger or hazard to the public peace, health or safety. (Ord. 5772 § 2; May 15, 2001.)