SEC. 43-160. OPERATING AUTHORITY PERMIT.

   (a)   A person commits an offense if, within the city, the person operates, or causes or permits the operation of, a shared dockless vehicle service without a valid operating authority permit issued under this article.

   (b)   An operator shall abide by the requirements of this article and any rules or regulations adopted by the director. (Ord. Nos. 30936; 32236)

SEC. 43-161. APPLICATION FOR OPERATING AUTHORITY PERMIT.

   (a)   To obtain an operating authority permit, an applicant shall submit an application on the form and in the manner prescribed by the director. The applicant must be the person who will own, control, or operate the proposed shared dockless vehicle service.

   (b)   An applicant shall file with the director a verified application statement, to be accompanied by a non-refundable application fee, containing the following, in addition to the information needed under Subsection (c):

      (1)   the form of business of the applicant and, if the business is a corporation or association, a copy of the documents establishing the business and the name and address of each person with a 20 percent or greater ownership interest in the business;

      (2)   the verified signature of the applicant;

      (3)   the address of the fixed facilities to be used in the operation, if any, and the address of the applicant's corporate headquarters, if different from the address of the fixed facilities;

      (4)   the name of the person designated by the applicant to receive on behalf of the applicant any future notices sent by the city to the operator, and that person's contact information, including a mailing address, telephone number, and email or other electronic address;

      (5)   documentary evidence from an insurance company indicating that such insurance company has bound itself to provide the applicant with the liability insurance required by this article;

      (6)   documentary evidence of payment of ad valorem taxes on property within the city, if any, to be used in connection with the operation of the proposed shared dockless vehicle service;

      (7)   documentary evidence from a bonding or insurance company or a bank indicating that the bonding or insurance company or bank has bound itself to provide the applicant with the performance bond or irrevocable letter of credit required by this article;

      (8)   the number and types of shared dockless vehicles to be operated;

      (9)   an agreement to indemnify the city; and

      (10)   three references from municipal bodies located in North America where the applicant is currently operating.

   (c)   The director shall review the application for an operating authority permit and determine if the following criteria have been met, in addition to other criteria that the director may establish by rule or regulation:

      (1)   the operator's effort to educate users and ensure compliance by its users with applicable laws;

      (2)   the operator's capacity to comply with this article, rules and regulations issued by the director, and all other state or federal laws or regulations;

      (3)   the operator's experience operating shared dockless vehicle services, including the operator's compliance with applicable laws; and

      (4)   the operator's efforts to increase access to shared dockless vehicle service to low-income and non-English speaking users.

   (d)   An operating authority permit may be renewed following the process in this section.

   (e)   The initial application for an operating authority permit must be accompanied by an application fee of $2,000 and the appropriate vehicle fee as specified in Section 43-172. Applications to renew an operating authority permit must be accompanied by an application fee of $1,000 and the appropriate vehicle fee as specified in Section 43-172. (Ord. Nos. 30936 ; 31479; 32236)

SEC. 43-162. CHANGES TO INFORMATION IN OPERATING AUTHORITY APPLICATION.

   (a)   Any changes to the information provided in the operating authority permit application must be reported to the director, in the manner prescribed by the director, within 10 days of the change.

   (b)   If the information reported to the director under this section includes an increase in the number of shared dockless vehicles, the director may approve the additional shared dockless vehicles. If the director approves the additional shared dockless vehicles, the operator shall pay any additional vehicle fees due under Section 43-172 before the additional vehicles are allowed to operate. (Ord. Nos. 30936; 32236)

SEC. 43-163. EXPIRATION OF OPERATING AUTHORITY PERMIT.

   An operating authority permit expires one year from the date it is issued. (Ord. Nos. 30936; 32236)

SEC. 43-164. REFUSAL TO ISSUE OR RENEW OPERATING AUTHORITY PERMIT.

   (a)   The director shall refuse to issue or renew an operating authority permit if:

      (1)   the applicant intentionally or knowingly makes a false statement as to a material matter in an application for a permit or permit renewal;

      (2)   the applicant has had an operating authority permit revoked within two years of the date of application;

      (3)   the applicant is providing shared dockless vehicles services without an operating authority permit;

      (4)   issuance of the permit would result in activity that is expected to cause significant sidewalk congestion or make accessing abutting property hazardous; or

      (5)   issuance of the permit would result in activity that is expected to impede the flow of pedestrian traffic or make the use of sidewalks hazardous.

   (b)   If the director determines that a permit should be denied, the director shall notify the applicant or operator in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant or operator of the right to, and the process for, appeal of the decision.

   (c)   The director is authorized to develop an objective scoring matrix used to determine if issuance of a permit would cause significant sidewalk congestion, make accessing abutting property hazardous, impede the flow of pedestrian traffic, or make the use of sidewalks hazardous, in accordance with Paragraphs (a)(4) and (a)(5) of this section. (Ord. Nos. 30936; 32236)

SEC. 43-165. SUSPENSION OR REVOCATION OF OPERATING AUTHORITY PERMIT.

   (a)   Suspension. The following regulations apply to the suspension of an operating authority permit:

      (1)   The director may suspend an operating authority permit if the director determines that the operator violated the rules and regulations established by the director or for any of the reason for revocation in Subsection (b).

      (2)   Suspension of an operating authority permit does not affect the expiration date of the permit.

   (b)   Revocation. The director may revoke an operating authority permit if:

      (1)   the operator has made a false statement as to a material matter in the application concerning the operating authority permit;

      (2)   the operator failed to maintain the insurance, performance bond, or irrevocable letter of credit required by this article;

      (3)   the operator is operating more shared dockless vehicles than is authorized by the operating authority permit;

      (4)   the operator failed to pay a fee required by this article;

      (5)   the operator violated this article, any other ordinance, or any state or federal law or regulation;

      (6)   after consultation with the chief of police, the director determines that the operator's shared dockless vehicle service constitutes an imminent threat to public safety;

      (7)   the operator failed to maintain or correct current information with the director concerning the operating authority permit;

      (8)   the operator shows a pattern of not responding to inquiries by the director;

      (9)   the operator has filed bankruptcy, is insolvent, or failed to meet financial obligations on a timely basis or is unable to obtain or maintain the financial resources needed to properly maintain facilities or provide adequate service; or

      (10)   the operator operates a shared dockless vehicle service with a suspended operating authority permit.

   (c)   Ceasing operations upon notice of suspension or revocation. Upon receiving an emailed notice by the director that its operating authority permit has been suspended or revoked, an operator must stop providing shared dockless vehicle services within 12 hours and must remove its shared dockless vehicles from the public right-of-way within 24 hours. If the operator fails to retrieve all its shared dockless vehicles within 24 hours of receipt of notice the director may remove the shared dockless vehicles from the public right-of-way without notice or consent of the operator. The operator is responsible for the cost of removal and storage of its shared dockless vehicles, and the operator will be assessed a fee to retrieve any of its shared dockless vehicles that are removed and stored. Any shared dockless vehicle that remains unclaimed with the city for 30 days is subject to sale or disposal in accordance with Division 2, "Sale of Unclaimed and Surplus Property," of Article IV, "Procurement," of Chapter 2 , "Administration," of the Dallas City Code, as amended. The director shall provide notice via email and certified mail to the addresses provided under Section 43-161 . (Ord. Nos. 30936 ; 32236 )