(A) In its determination, the Council may take into consideration whether the demands of the public convenience and necessity require such proposed or such additional service within the city; the financial responsibility of the applicant, the number, kind, type of equipment; the schedule of rates proposed to be charged; the color scheme to be used by the applicant; the increased traffic congestion and demand for increased parking space on the streets of the city which may result; whether the safe use of the streets by the public, both vehicular and pedestrian, will be preserved by the granting of such additional license; and such other relevant facts as the Council may deem advisable or necessary.
(B) Within 15 days after the filing of an application for license, the Council shall determine by motion or resolution, whether there shall be conducted a public hearing relative to the granting or denial of the application.
(C) In the event it shall be determined that there shall be a public hearing concerning the matter, the Council shall cause a notice thereof to be published in one of the leading daily newspapers of the city, the cost of which notice shall be borne by the applicant.
(1) Said notice shall set forth the fact that the certain application has been filed for a taxicab license or license for motor vehicle for hire service, the name of the applicant, kind of equipment to be used, and all other information from the application which the Council may deem necessary, and notifying all holders of existing taxicab licenses or licenses for motor vehicles for hire that a public hearing will be held at a public place in the city, to be designated by the Council at a time not less than five days or not more than 15 days after the date of the determination to have a public hearing.
(2) The notice shall be published for three successive days.
(D) All holders of existing taxicab licenses or licenses for motor vehicles for hire shall be entitled to file any complaint or protest. At the time of the holding of the investigation and hearing with reference to whether the public convenience and necessity require the operation of such additional vehicle covered in the application, the Council shall consider all of the complaints and protests and, in conducting its hearings, shall have the right to call witnesses.
(E) In such hearing, the burden of proof shall be upon the applicant to establish, by clear, cogent and convincing evidence which shall satisfy the Council beyond a reasonable doubt, that public convenience and necessity require such operation of the vehicle for which the application has been made.
(F) (1) If the Council finds upon its investigation or hearing that the public convenience and necessity justify the operation of the vehicle for which license is desired, it shall notify applicant of its finding.
(2) If the Council then finds that the applicant is the owner and the bona fide operator of the vehicle for which license is desired and that such vehicle complies with this code and all the rules and regulations enacted by the city, license shall thereupon be issued to the said applicant upon the payment of the prescribed license fee.
(3) If the Council finds from such investigation or hearing that the public convenience and necessity do not justify the operation of the vehicle for which license is desired, it shall forthwith notify the applicant of such finding.
(Ord. passed 7-28-98)