Chapter 4.73 TAXICAB FRANCHISES
Section:
   4.73.010   Definitions.
   4.73.020   Taxicab franchises—Purpose and declarations.
   4.73.030   Activities which are unlawful unless authorized—Activities not covered.
   4.73.040   Nonexclusive franchise—Terms and conditions.
   4.73.045   Number of taxicabs franchised.
   4.73.050   Application for franchise.
   4.73.060   Public hearing.
   4.73.070   Criteria for granting nonexclusive franchise.
   4.73.080   Requirements for franchise.
   4.73.090   Indemnification of the City.
   4.73.100   Termination of nonexclusive franchise by the City Council.
   4.73.110   Temporary suspension of franchise.
   4.73.120   Non-alienation of franchise.
   4.73.130   Franchise fee.
   4.73.140   City inspection authority.
   4.73.150   Taxicab franchise decals required.
   4.73.160   Powers reserved to the City.
   4.73.170   Violation—Penalty.
   4.73.180   Liability insurance.
   4.73.190   Requirements for operation of franchised taxicabs.
   4.73.200   Term of nonexclusive franchise; annual review.
   4.73.210   Effect of Chapter 4.73 upon Chapter 4.72 and operator's permits previously issued thereunder.
4.73.010   DEFINITIONS.
   For the purposes of this chapter, certain terms used herein are defined as follows:
   .010   “City” means the City of Anaheim.
   .020   “City Council” means the City Council of the City.
   .030   “Director” means the Director of Planning of the City or his or her authorized representative.
   .040   “Driver” means a person who operates a taxicab.
   .050   “Franchisee” means any person, firm, association, corporation, partnership or other entity granted a franchise by the City pursuant to this chapter.
   .060   [deleted]
   .070   “Operate” or “Operate a taxicab” means to drive a taxicab and either solicit or pick up passengers within the City.
   .080   “Owner” means the registered owner or lessor of a taxicab.
   .090   “Substantially Located” means in reference to a city or county where either (i) a Taxicab Company maintains its primary business address; or (ii) the largest share of prearranged and non-prearranged trips originates, as defined in Government Code section 53075.5. For Taxicab Companies establishing a new operation after January 1, 2019, “Substantially Located” means the jurisdiction where a Taxicab Company has its primary business address for the first twelve (12) months of operation. A Taxicab Company or driver may be substantially located in more than one jurisdiction.
   .100   “Taxicab” means a motor vehicle operated for hire to transport passengers to specific destinations of the passengers choice, capable of carrying not more than eight persons, excluding the driver. The term shall exclude any vehicle operating as a charter party carrier licensed as such by any state agency or any other vehicle as to which a valid certificate of public convenience and necessity has been issued by any state agency. (Ord. 5765 § 1; April 24, 2001.)
   .110   “Taxicab Company” means a passenger-for-hire business either based in Anaheim or elsewhere whose business activity includes operating a Taxicab. (Ord. 6456 § 1 (part); January 15, 2019: Ord. 6560 § 1; October 17, 2023.)
4.73.020   TAXICAB FRANCHISES - PURPOSE AND DECLARATIONS.
   .010   It is declared and determined that the operation of taxicabs affects the health, safety and general welfare of the residents of the City. The operation of taxicabs requires that a high level of trust and confidence by the traveling public be established and maintained in the equipment, personnel and procedures used for providing taxicab service. Such services are determined to be necessary for the use of residents who do not drive personal vehicles for obtaining the necessities of life and for the efficient movement of guests and visitors about the City. Maintaining the vital role of taxicabs in the overall transportation assets of the City requires that only those taxicab owners and drivers who have demonstrated that they possess the facilities, control systems and knowledgeable personnel to protect the interests of the City and the traveling public be authorized to provide taxicab service within the City. Therefore, it is a purpose of this chapter to adopt procedures to regulate this service to the community as authorized pursuant to Section 1400 of the Charter of the City.
   .020   It is also recognized that the City is required to adopt and implement a mechanism to promote the safe and efficient transportation of residents and visitors and that the City may impose fees to fund the cost of this effort and to augment the funds available for assuring the quality of taxicab service and enforcing the standards promulgated by the City.
   .030   The electors of the City, by the adoption of Article XIV of the City Charter, elected to implement the home rule provisions of Article XI of the Constitution of the State of California as to municipal affairs and, because the granting of nonexclusive franchises of the nature referred to herein are within the class of actions designated as municipal affairs, the City Council hereby declares that the provisions of this chapter, together with the provisions of the Charter of the City, shall constitute the exclusive procedure for the granting of franchises for the operation of taxicabs and shall supersede any otherwise applicable provisions of this Code. (Ord. 5765 § 1; April 24, 2001: Ord. 6456 § 1 (part); January 15, 2019.)
4.73.030   ACTIVITIES WHICH ARE UNLAWFUL UNLESS AUTHORIZED—ACTIVITIES NOT COVERED.
   Except as may otherwise be permitted in this chapter, it is unlawful for any Taxicab Company or Driver that is Substantially Located in the city to operate a taxicab or solicit passengers for transportation in a taxicab within the City unless the following conditions have been met:
   .010   A franchise therefor has first been granted pursuant to the provisions of this chapter and such franchise is in full force and effect; and
   .020   A written acceptance of the franchise has been timely executed by the grantee as provided in Section 1403 of the City Charter.
   .030   This chapter shall not apply to limousine or livery vehicles displaying the identification specified in Cal. Vehicle Code § 5011.5 available to members of the public by any person or vehicles designed to transport more than eight (8) passengers, excluding the driver. (Ord. 5765 § 1; April 24, 2001: Ord. 6456 § 1 (part); January 15, 2019.)
4.73.040   NONEXCLUSIVE FRANCHISE—TERMS AND CONDITIONS.
   .010   Subject to the limitations of this chapter, the City Council may, and is empowered to, grant by ordinance, to any qualified person, firm, association, corporation, partnership or other entity, a nonexclusive franchise to operate taxicabs within the City in such number as expressly provided in said franchise.
   .020   All franchises granted pursuant to this chapter shall be nonexclusive. No provisions of this chapter shall be deemed to require restricting the number of franchises to one or any particular number. However, in the sole exercise of its discretion, and in accordance with the procedures set forth in this chapter, the City Council may limit the number of franchises which may be extant.
   .030   All nonexclusive franchises granted hereunder shall be subject to the terms and conditions specified in the City Charter, and in this chapter, and in the ordinance granting the franchise, and in the terms and conditions set forth in the Request for Proposals for Providing Taxicab Service and the responses provided by the franchisee thereto.
   .040   In granting any franchise, the City Council may prescribe such terms and conditions, not in conflict with the City Charter or this chapter, as in the judgment of the City Council are in the public interest.
   .050   Beginning January 1, 2018, all Taxicab Companies and Drivers shall collect data to determine what jurisdiction each Company and Driver are Substantially Located. Beginning January 1, 2019, data for prearranged and non-prearranged trips collected in the previous twelve (12) months shall be provided upon the date of renewal to the City of any Taxicab Company and Driver that is Substantially Located in the City.
   .060   Any Taxicab Company or Driver who changes from being Substantially Located in another jurisdiction to being Substantially Located in Anaheim shall provide the City with six months' notice prior to making that change. (Ord. 5765 § 1; April 24, 2001: Ord. 6456 § 1 (part); January 15, 2019.)
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