4.73.210   EFFECT OF CHAPTER 4.73 UPON CHAPTER 4.72 AND OPERATOR'S PERMITS PREVIOUSLY ISSUED THEREUNDER.
   .010   The provisions of Chapter 4.72 shall be inoperative as of the date and time this chapter becomes effective and shall remain inoperative so long as the provisions of this chapter are in effect, except as otherwise expressly provided in this section.
   .020   Upon the effective date of any franchise granted pursuant to this chapter, any operator's permit theretofore issued to said franchisee pursuant to Chapter 4.72 shall be null and void, and without further force and effect, except as otherwise expressly provided in this section.
   .030   Notwithstanding subsection .010 of this section, the provisions of Chapter 4.72 shall be operative and in full force and effect during any period the City is enjoined, restrained or otherwise prohibited by any court of competent jurisdiction from enforcing the provisions of this chapter requiring franchises for the operation of taxicabs or during any period an operator's permit issued pursuant to Chapter 4.72 is in effect pursuant to any provision of this section.
   .040   Any operator's permit issued pursuant to Chapter 4.72, which permit is in effect on the date this chapter is adopted, shall be in effect, subject to compliance with all applicable requirements of Chapter 4.72 and the terms and conditions of said permit, during any period the City is enjoined, restrained or otherwise prohibited by any court of competent jurisdiction from enforcing the provisions of this chapter requiring franchises for the operation of taxicabs.
   .050   In the event any court of competent jurisdiction enters any order temporarily restraining, enjoining or prohibiting the operation of taxicabs by a franchisee pending final adjudication in any court action challenging the validity of said franchise or any provision of this chapter, any operator's permit theretofore issued to said franchisee pursuant to Chapter 4.72, which permit was in effect on the date the ordinance approving said franchise was adopted, shall remain in effect during the period said court order is in effect provided that said permit and all taxicab operations thereunder shall comply with all applicable requirements of Chapter 4.72 and all terms and conditions of said permit.
   .060   In the event any court of competent jurisdiction enters a final judgment declaring any franchise issued pursuant to this chapter to be invalid or unenforceable, or permanently enjoining the operation of taxicabs pursuant to said franchise, any operator's permit theretofore issued to said franchisee pursuant to Chapter 4.72, which permit was in effect on the date the ordinance approving said franchise was adopted, shall remain in effect provided that said permit and all taxicab operations thereunder shall comply with all applicable requirements of Chapter 4.72 and all terms and conditions of said permit.
   .070   Notwithstanding any other provision of this chapter to the contrary, any person or entity holding a valid operator's permit issued pursuant to Chapter 4.72 which permit is in effect on the date of adoption of this chapter (referred to herein as an "Existing Permit") which person or entity either (i) is not awarded an Initial Taxicab Franchise pursuant to subsection .010 of Section 4.73.045 of this Chapter, or (ii) is awarded an Initial Taxicab Franchise but fails or refuses to timely comply with the provisions of Section 4.73.080 of this chapter, may continue to operate under the provisions of said existing permit, and the applicable provisions of Chapter 4.72 shall continue to apply with regard to said existing permit, subject to the following:
   .0701   Said existing permit shall be exercised and maintained in compliance with all applicable provisions of Chapter 4.72 and all terms and conditions of said existing permit; and
   .0702   The maximum number of taxicabs authorized pursuant to said existing permit shall be reduced to thirty (30) vehicles effective as of midnight on May 31, 2002; and
   .0703   Said existing permit shall expire and terminate in its entirety as of midnight on May 31, 2006.
   .0704   Nothing contained herein shall prohibit the person or entity exercising any rights under said existing permit from applying for a taxicab franchise at any time a franchise application period is open pursuant to subsection .030 of Section 4.73.045 of this Chapter. Failure to apply for or obtain a franchise during the period said existing permit is in effect shall not affect said existing permit or the duration thereof. (Ord. 5765 § 1; April 24, 2001: Ord. 6456 § 1 (part); January 15, 2019.)