9-114-290 Livery vehicles – Commercial advertisements.
   It is unlawful for any person other than a livery licensee or his agent to represent to the public that he renders livery service.
   (a)   It is unlawful for any livery vehicle to display any advertising sign or device on or in a licensed livery vehicle before the advertising sign or device is approved by the Commissioner and permitted pursuant to this section.
   (b)   Livery licensees may apply for permits to display an advertising sign or device on the exterior or the interior of the livery vehicle, or both. A separate permit is required for each exterior and interior advertising display. The Commissioner shall promulgate rules: (1) specifying the locations on the livery vehicle where advertising signs or devices may be displayed; (2) describing the permissible design, construction, and method of affixing the display to the livery vehicle; and (3) specifying insurance requirements for approving a permit to display an advertising sign or device on or in the livery vehicle. The rules also may include additional guidelines for such displays and the permit process. In establishing such criteria, considerations shall include:
      (1)   visual clutter and aesthetics on the public way;
      (2)   the safety and comfort of passengers, drivers, pedestrians, bicyclists, and motorists;
      (3)   the visibility of all information required by this chapter, Department rules, or any other law to be displayed in the interior or on the exterior of livery vehicles, including but not limited to distinctive signage; and
      (4)   the advertising or advertising equipment’s potential to create confusion by implying that the vehicle is a taxicab. A livery vehicle with the appearance of a taxicab is considered an unlicensed taxicab in violation of Chapters 2-25 and 9-112.
   (c)   The fee for the issuance of any advertising display permit shall be $100.00 for each display, due at time of application. This fee shall be in addition to the personal property lease transaction tax that applies to lease or rental payments pursuant to Chapter 3-32. An advertising display permit applicant shall have satisfied all debt, as defined in Section 4-4-150, to the City before the Department may issue the permit.
   (d)   Where the Commissioner has approved any type of advertising display device that involves the installation of a physical apparatus on or in the livery vehicle, an inspection is required as part of the advertising permitting process. The fee for such inspection shall be an additional $100.00, payable prior to the inspection.
   (e)   The Department shall inform applicants for an advertising display permit under this section whether the application is approved or disapproved within thirty business days after its receipt of the completed application, unless it gives the applicant written notice that it needs an additional thirty business days and the reasons therefor. If the application is approved and the requirements of subsections (c) and (d) complied with, the Department shall issue the advertising display permit. If the Department denies the permit application, it shall provide written notice of its decision within such time period, stating the specific grounds and rules that form the basis for such denial. If the Department fails to so act within thirty business days after receipt of the application, or sixty business days if it has given notice of the need for an additional review period, the application shall be deemed granted and the permit shall be issued, provided that the permit fee has been paid.
   (f)   An advertising permit issued under this section shall expire one year after the date of issue, unless it is surrendered, revoked, or terminated prior to that date.
   (g)   No permit for advertising issued pursuant to this section shall be transferred or assigned.
   (h)   The denial, rescission, suspension, or revocation of a license issued pursuant to this chapter shall act as the suspension or revocation of any advertising permit issued hereunder to the affected livery vehicle.
(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 11-14-18, p. 90376, Art. IV, § 6; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 7)