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A certificate of convenience and necessity shall constitute a franchise from the town for the operation of taxicabs within the town, subject to the provisions of this chapter, for one year, unless a shorter period of time is specified in the certificate. Applications for renewal shall be filed annually on or before June 1, and the Board of Commissioners shall review all certificates to be considered for renewal at its first regular meeting in the month of June of each year. Renewal applications may be filed by letter stating any change which has occurred from the original certificate or application, such as the average number of pieces of equipment operated during the previous year, and the name of the owners of stock if the franchise shall be a corporation. At the time of renewal each year the Board of Commissioners may reduce the number of taxicabs authorized to the average number of taxicabs which the applicant has been actually operating during the previous 12 months. The owner of a franchise from the town for the operation of taxicabs within the town shall give the Board of Commissioners at least 30 days prior notice of intention to cease operating taxicabs under the franchise.
(Ord. 14-6, passed 10-9-2014)
(A) In determining whether the public convenience and necessity require the franchising of taxicabs, the Board of Commissioners shall, among other things, take into consideration the following factors:
(1) Whether or not the public convenience and necessity require the proposed or additional taxicab service within the town;
(2) The financial responsibility of the applicant and the likelihood of the proposed service being permanent, responsible and satisfactory;
(3) The number and condition of equipment;
(4) The schedule of proposed rates to be charged;
(5) The number of taxicabs now operated and the demand for increased service, if any, and whether or not the safe use of the streets by the public, both vehicular and pedestrian, will be preserved, and whether or not adequate provision has been made for off-street parking of the taxicabs;
(6) The experience of applicant in the taxicab business; and
(7) Any other relative facts as may be deemed necessary and advisable.
(B) Before making any decision with respect to the issuance of a certificate of convenience and necessity, the Board of Commissioners, or a committee thereof, shall make a full and complete investigation of all facts, and may, if it so desires, subpoena witnesses and utilize the service of the Chief of Police or any other officer or employee of the town.
(Ord. 14-6, passed 10-9-2014)
Each application for a certificate of convenience and necessity shall be scheduled for a hearing not later than 20 days after the application is filed. The applicant shall be notified by the Town Clerk by mail to the business address set forth in the application of the date and time of the hearing, the notification to be sent at least ten days before the date and time of the hearing. The Town Clerk shall also, within the same time, notify all persons who at that time hold certificates of convenience and necessity for the operation of taxicabs within the town, of the date and time of the hearing, and the name of the applicant. In addition, the Town Clerk shall cause to be published at least once in a newspaper of general circulation at least ten days before the hearing, a notice setting forth the name of the applicant and the date and time of the hearing. The cost of the publication shall be paid for by the applicant.
(Ord. 14-6, passed 10-9-2014)
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