(A) Each franchised ambulance shall comply at all times with the requirements of this chapter, the franchise granted hereunder, and all applicable state and local laws and regulations relating to health, sanitation, safety, equipment, ambulance design and medical control authority requirements, and all other laws, regulations and ordinances. Failure to comply with any of the foregoing requirements may result in the immediate termination, revocation or suspension of the ambulance franchise by the county.
(B) Prior approval of the county shall be required where ownership or control of more than 10% of the right of control of franchisee is required by a person or group of persons acting in concert, none of whom own or control 10% or more of such right of control, singularly or collectively, at the date of the franchise. By acceptance of the franchise, the franchisee specifically agrees that any such acquisition occurring without prior approval of the county shall constitute a violation of the franchise by the franchisee and shall be cause for termination at the option of the county.
(C) Any change of ownership of a franchised ambulance service without prior approval of the county shall terminate the franchise and shall require a new application and a new franchise and conformance with all the requirements of this chapter as upon original franchising.
(D) No franchise may be sold, assigned, or otherwise transferred without the approval of the county and a finding of conformance with all requirements of this chapter as upon original franchising.
(E) A franchise document may not be defaced, removed or obliterated.
(F) At the expiration of the term for which a franchise is granted as provided under this chapter, or any renewal period granted under the provisions of this section, the county may grant a renewal franchise pursuant to procedures consistent with this chapter. Any franchise holder desirous of renewing its franchise shall file an application for renewal at least 90 days prior to expiration of the term of its currently existing franchise. All renewal applications shall contain the information required in this chapter as for application for an original franchise. Upon receipt of such renewal application, the county shall hold a public hearing to consider whether the renewal application meets the county's needs and interests. Upon the conclusion of said public hearing, the county may issue a renewal franchise for an additional period of up to four years, based upon a consideration of the applicable factors as specified by this chapter. Nothing contained in this section shall be construed or interpreted to grant to any franchise holder any vested right to a renewal term of its franchise or to any renewal period granted under the provisions of this division (F).
(G) To avoid the appearance of a conflict of interest, no franchisee or franchise applicant shall employ any person who is also a supervisor or manager within the County Department of Emergency Services.
(H) If a franchisee should refuse, neglect or willfully fail to operate or maintain its franchise operations in any other way that substantially violates the material terms of this chapter or of the franchise; or practices any fraud or deceit upon the county or its patients; or if a franchisee becomes insolvent, unwilling to pay its uncontested debts, is adjudged bankrupt, or seeks relief under the bankruptcy laws, then this franchise may be revoked. In the event the county believes that grounds for revocation exist or have existed, the Board of Commissioners shall notify the franchisee in writing setting forth the nature and facts of such noncompliance. If within 30 days following such written notification, the franchisee has not furnished reasonably satisfactory evidence that corrective action has been taken or is being actively and expeditiously pursued, that the alleged violations did not occur, or that the alleged violations were beyond the franchisee's control, the Board may schedule a public hearing in accordance with this chapter.
(I) The Board shall not revoke a franchise pursuant to this section until it has given written notice to the franchisee that it proposes to take such action and the grounds therefor. The Board shall not revoke the franchise until the franchisee, or its representative, has had reasonable opportunity to be heard before the Board and shows the proposed grounds for revocation did not or do not exist, as the case may be. At such hearing, the county shall be required to present evidence establishing the franchisee's breach of its obligation under the franchise and the franchisee shall have the right to examine witnesses and present evidence on its behalf. At the conclusion of the public hearing, the Board shall determine whether the franchise should be revoked, and shall set forth in writing the facts and reasons upon which its decision is based.
(Ord. passed 2-27-23)