(A) No permit to operate a taxicab business shall be issued by the City Secretary until the Council shall, after a hearing duly had, find that the public convenience and necessity requires the proposed taxicab service for which application for permits is made; provided, however, that such declaration of public convenience and necessity shall not be necessary in the following instances:
(1) For the authorizing of the same number of taxicabs authorized for operation and operated by applicant under the same name on the date of the passage of this subchapter, or the renewal of the same number of permits annually thereafter, provided that such permits as have become invalid for nonuser, as hereinafter provided, shall not be renewed.
(2) For the renewal of permits to the applicant for the number of taxicabs for which the Council shall have approved at any time prior to the application for such renewal; provided, however, that said taxicab owner shall renew permit at the time of the expiration date appearing on permit now being used.
(B) In determining whether public convenience and necessity requires the authorizing of such taxicabs for which application may be made, the Council shall take into consideration whether the demands for public convenience and necessity require such proposed or additional taxicab service within the city; the financial and moral responsibility and character of the applicant; the number, kind, type and ownership of equipment, and the color scheme to be used by the applicant, the increased traffic congestion of the streets of the city which may result and whether the demands for public convenience and necessity require such proposed or additional taxicab service within the city, both vehicular and pedestrian, will be unduly endangered by the granting of such additional permit; and such other relevant facts as the Council may deem advisable or necessary which may throw light on the public necessity and convenience.
(C) Any applicant for a taxicab permit to operate as a business shall, as hereinafter provided, make application in writing accompanied by a financial statement and show whether the applicant has ever been charged or convicted in any court for any offense under any city or state or federal law and such application shall be signed and sworn to by the applicant. (This does not apply if for renewal where permit is valid.) Such additional information as the Council may require shall be furnished. Such application shall be considered at the second regular meeting of the Council following the filing of the application and all interested parties shall be heard by the Council at such meeting. In all such hearings the burden of proof shall be upon the applicant to establish by clear, cogent and convincing evidence that the public convenience and necessity requires such operation of the vehicle or vehicles for which such application has been made. Renewal permits will be issued upon an application made to the City Secretary by the holder of a permit of the previous year or expiration of date permit was issued. Notice of public hearing shall be published in a local newspaper at least 15 days prior to the hearing.
(D) If the Council finds from its investigation and hearing that a public convenience and necessity justified the operation of the vehicle or vehicles for which said permit is desired, it shall instruct the City Secretary to issue a permit to the applicant for the taxicab or taxicabs upon a compliance by the applicant with all the provisions of this subchapter.
(E) No permit issued under the terms of this subchapter shall be transferred to any other person, except with the written consent of the Council, and shall not be used for the operation as a taxicab of any vehicle except a vehicle owned or under the control of the holder of the permit.
(F) The permit issued for the operation of a taxicab under the terms of this subchapter shall be posted within said taxicab in a conspicuous place and a failure to so post said permit shall be a violation of this subchapter.
(G) All taxicab permits shall be valid until January 1 of the next ensuing year following the date they are issued; and all taxicab permits issued during any year shall expire on December 31 of such year, and must be renewed on January 1 of the following year in the manner hereinbefore provided and said permit shall be signed by the City Secretary of the city.
('68 Code, § 28-12) (Ord. 4-1974-16, passed 4-9-74) Penalty, see § 117.99