(A) Application; filing. Every person desiring to operate a taxicab upon and over the streets of the town shall file, on forms supplied by the Town Clerk, an application for a certificate of convenience and necessity.
(Prior Code, § 23-5)
(B) Investigation.
(1) In determining whether the public convenience and necessity require the franchising of the taxicab or taxicabs, the Town Council shall, among other things, take into consideration the following factors:
(a) Whether or not the public convenience and necessity requires the proposed or additional taxicab service within the town;
(b) The financial responsibility of the applicant and the likelihood of the proposed service being permanent, responsible and satisfactory;
(c) The amount and condition of equipment;
(d) The schedule of proposed rates to be charged;
(e) The number of taxicabs already in operation; the demand for increased service, if any; whether or not the safe use of the streets by the public, both vehicular and pedestrian, will be preserved; and whether or not adequate provision has been made for off-street parking of the taxicabs;
(f) The experience of the applicant in the taxicab business; and
(g) Other relative facts as may be deemed necessary and advisable.
(2) Before making any decision with respect to the issuance of a certificate of convenience and necessity, the Town Council or a committee thereof shall make a full and complete investigation of all facts and may, if it so desires, subpoena witnesses and utilize the services of the Chief of Police or any other officer or employee of the town.
(Prior Code, § 23-6)
(C) Hearing.
(1) Each application for a certificate of convenience and necessity shall be scheduled for a hearing not later than 20 days after the application is filed and the applicant shall be notified by the Town Clerk by mail to the business address set forth in the application of the date and time of the hearing, the notification to be sent at least ten days before the date set for the hearing. The Town Clerk shall also, within the same time, notify all persons who at that time hold certificates of convenience and necessity for the operation of taxicabs within the municipality of the date and time of the hearing and the name of the applicant. In addition, the Town Clerk shall cause to be published at least once in a newspaper of general circulation at least ten days before the hearing a notice setting forth the date, time, place and purpose of the hearing. Publication costs for the notice shall be paid by the applicant.
(2) The burden of proof shall be upon the applicant to establish the existence of public convenience and necessity for the operation of the taxicab or taxicabs specified in his or her application and all other facts required for the granting of a certificate.
(Prior Code, § 23-7)