4.72.085 TEMPORARY INCREASE IN NUMBER OF TAXICABS.
   .010   Notwithstanding any other provision of this chapter to the contrary, the holder of an existing Operator's Permit issued pursuant to this chapter may apply to the Permit Administrator for a temporary increase in the number of taxicabs authorized pursuant to such person's existing Operator's Permit upon a form provided by the Permit Administrator. Any such application shall be accompanied by a fee in an amount as established by resolution of the City Council. The application shall require the following information:
   .0101   The name and business address of the Operator.
   .0102   The number of vehicles currently authorized by the applicant's existing Operator's Permit.
   .0103   A description of the event or activity creating a temporary need for additional taxicabs in the City of Anaheim.
   .0104   The number of additional vehicle which the applicant proposes to temporarily operate in the City of Anaheim pursuant to this section.
   .0105   A description of each vehicle which the applicant proposes to use, including the make, model and year of the vehicle, the engine and vehicle identification numbers and the license plate number of the vehicle. For each such vehicle, the application shall be accompanied by proof that the applicant has obtained an OCTAP Permit for each such vehicle.
   .0106   A complete current list of the names and residence addresses of all proposed taxicab drivers operating taxicabs on behalf of the applicant pursuant to this section. For each proposed taxicab driver, the application shall be accompanied by proof that each such driver has a valid OCTAP Permit authorizing said driver to drive a taxicab.
   .0107   The number of days (not to exceed ten) and specific dates for which such additional taxicabs are requested.
   .0108   The reason(s) the total number of taxicabs authorized by the City of Anaheim pursuant to all existing Operators' Permits is inadequate to serve the public need during the period for which the additional taxicabs are being requested.
   .0109   Any other information as required by the Permit Administrator in order to make the findings specified in subsection .030 of this section.
   .020   Upon receipt of an application containing the information specified in subsection .010 above and the required application fee, the Permit Administrator shall notify the applicant and all other persons holding Operator's Permits under this chapter of the date, time and place when and where the Permit Administrator shall consider any objections to the approval of such application. Such date shall be not less than five (5) nor more than ten (10) calendar days following receipt of the completed application and fee. The applicant and/or any other Operator may appear in person at such time and place as set forth in the notice or may submit written information supporting or opposing such application. Any written information submitted shall only be considered if it is actually received by the Permit Administrator prior to the time specified in the notice given pursuant to this subsection.
   .030   Within five (5) calendar days following the date specified in the notice given pursuant to subsection .020 above, the Permit Administrator shall consider such information and either approve or deny the application and give notice of such decision in writing to the applicant and all other persons holding Operator's Permits in the City.
   The Permit Administrator shall approve the application only if he or she finds:
   .0301   That the applicant holds a valid and unrevoked Operator's Permit issued by the City of Anaheim;
   .0302   That the applicant is currently exercising said Operator's Permit in compliance with the requirements of Chapter 4.72 of the Anaheim Municipal Code;
   .0303   That an event or other activity will occur within the City of Anaheim which will create a temporary public need for additional taxicab service which cannot adequately be met by the number of taxicabs currently authorized by the City pursuant to all existing Operator's Permits;
   .0304   The total number of additional taxicabs temporarily needed, and the dates such additional taxicabs will be needed, to adequately serve the public; and
   .0305   That the applicant has or will have taxicabs available to meet all or a portion of additional number of taxicabs temporarily required by such event or activity and that such taxicabs comply with all applicable requirements of this chapter.
   In the event the Permit Administrator fails to make all of the findings specified in this subsection, the application shall be denied.
   The applicant and each other person holding an Operator's Permit shall receive written notification of the Permit Administrator's decision. The decision of the Permit Administrator shall be final and conclusive.
   .040   In the event the Permit Administrator makes the findings set forth in subsection .030 above, he or she shall approve the application, in whole or part, and shall issue a certificate to the applicant temporarily increasing
the number of taxicabs authorized pursuant to the applicant's existing Operator's Permit. Such certificate shall specify:
   .0401   The number of additional taxicabs temporarily authorized under such certificate; provided that the number of additional taxicabs approved pursuant to any such application shall not exceed the total number of taxicabs which the Permit Administrator finds to be necessary to temporarily meet the public need for such dates; and further provided that, if prior to the approval of any such application (the "First Application"), any other person holding an existing Operator's Permit files an application for temporary taxicabs pursuant to this section (the "Second Application") for some or all of the same dates (the "conflicting dates") as requested in the First Application, the maximum number of taxicabs temporarily approved for any Operator for such conflicting dates shall not exceed a number equal to the total number of taxicabs determined by the Permit Administrator to be needed for such dates multiplied by a fraction, the numerator of which fraction is the number of taxicabs currently approved for such Operator as specified in the Operator's Permit and the denominator of which fraction is the total number of taxicabs currently approved under all Operator's Permits.
   .0402   The specific dates (not exceeding a total of ten days) for which the additional taxicabs are authorized; and
   .0403   Any conditions of approval which the Permit Administrator determines are reasonably necessary to assure compliance by the Operator with the requirements of this chapter.
   .050   Not more than ten (10) certificates, for a cumulative total of not more than forty (40) calendar dates, shall be approved for any Operator for any calendar year.
   .060   Any taxicab approved pursuant to this section must have and display an OCTAP Permit and otherwise comply with all applicable requirements of this chapter.
   .070   Any taxicab approved pursuant to this section shall bear the same distinctive name, monogram, insignia, markings and colors as all of the other taxicabs operated by the Operator pursuant to the Operator's Permit.
   .080   Upon approval of any certificate pursuant to this section, the Permit Administrator shall issue to the Operator a distinctive decal, placard or other identification device for each additional taxicab approved under this section. The Operator shall display such decal, placard, or other device upon each such temporary taxicab in the manner as specified by the Permit Administrator at all times such taxicab is operating in the City of Anaheim. (Ord. 5723 § 4; March 28, 2000.)