.010 Initial Taxicab Franchises. Following the adoption of this chapter, the City Council, by ordinance, shall award not more than three (3) franchises for the operation of two hundred thirty (230) taxicabs within the City (the "Initial Taxicab Franchises"). Said franchises may also provide for the occasional and temporary operation of additional taxicabs by such franchisees in such numbers and on such days and periods of peak need as may be expressly authorized in said franchise ordinances.
.020 Additional Franchises. Following the adoption of ordinances approving the Initial Taxicab Franchises as provided in subsection .010 above, the application period for taxicab franchises shall be deemed closed and no further applications shall be accepted or processed, and no further franchises shall be awarded, by the City except as hereinafter provided.
.030 Franchise Application Period. The application period for taxicab franchise applications shall be deemed open as of either (i) the date of adoption of a resolution of public convenience and necessity pursuant to subsection .040 below, (ii) the sixtieth day prior to the date of expiration of any existing franchise or existing permit, or (iii) the date any City Council decision terminating any existing franchise or existing permit becomes final. The term "Existing Permit" as used in this section shall have the meaning set forth in subsection .070 of Section 4.73.210 of this Chapter. The City Council may establish a deadline for the receipt of applications (the "application deadline") during any period that the application process is deemed open. Upon the receipt of one or more franchise applications prior to any application deadline established by the City Council, the City shall accept and process such taxicab franchise applications in accordance with the provisions set forth in Section 4.73.050 of this Chapter, and shall award one or more additional taxicab franchises until the total number of taxicabs authorized by all taxicab franchises equals the number of taxicabs theretofore determined by the City Council to be required by the public convenience and necessity pursuant to subsection .040 below. Following the application deadline, the application period for taxicab franchises shall be deemed closed and no further applications for taxicab franchises shall be accepted, processed or awarded until the application period is reopened upon the occurrence of one of the events described above.
.040 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 periodically schedule a public hearing to 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 required. Said resolution shall constitute the resolution referred to in subsection .030 above. Any determination that the public convenience and necessity require the operation of additional taxicabs in the City shall be based upon the following findings:
.0401 That the additional taxicabs will not substantially impair the ability of the franchisees then currently holding taxicab franchises from the City, under efficient management, to earn a fair and reasonable return on their capital investments devoted to such taxicab service;
.0402 That the franchisees then currently holding taxicab franchises from the City, under normal conditions, are not adequately serving the reasonable taxicab needs in the City; and
.0403 That the additional taxicabs, together with the taxicabs then currently operated by franchisees holding taxicab franchises 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.
The term "Franchisees" as used in this subsection .040 shall include any person or entity lawfully operating under an existing permit as defined in subsection .070 of Section 4.73.210 of this Chapter. (Ord. 5765 § 1; April 24, 2001: Ord. 6456 § 1 (part); January 15, 2019.)