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(A) License required. No person shall operate or conduct a taxicab business in the city without first having obtained a taxicab license from the City Clerk on a permit granted by the City Council.
(B) License application. No permit to operate or conduct a taxicab business shall be granted until the applicant therefor shall file in the office of the City Clerk an application accompanied by the license fee for each taxicab applied for.
(C) License tax. The annual license tax for owning and operating taxicabs in the city, shall be $30 for each taxicab operated on May 1 of each year.
(D) Investigation of applicant. Upon receipt of a taxicab license application the office of the City Clerk shall investigate all the facts stated in the application and make a report to the City Council. If the City Council deems it advisable that the applicant should be permitted to operate or conduct a taxicab business in the city, the City Council shall approve the application and the City Clerk shall issue the license on the payment of the fee and the filing of the required insurance policy. If the City Council does not deem it advisable that the applicant should be permitted to conduct a taxicab business, the City Council shall reject the application and no license shall be issued, and the license fee shall be returned to the applicant.
(E) Accident insurance required.
(1) Except as provided in division (G) below, no license for a taxicab shall be issued until the owner shall file with the City Clerk a valid policy of accident insurance in some good and solvent incorporated insurance company licensed and admitted to do business in this state.
(2) The insurance policy shall continuously cover each and every taxicab owned, operated, or leased by the applicant and by which the insurance company shall be liable in the sum of not less than $50,000 for anyone accident resulting in bodily injuries to or the death of one person, and not less than $100,000 total liability on account of any one accident resulting in bodily injuries to or the death of more than one person regardless of whether the taxicab was being driven by the owner, his agent, or lessee. The policy shall provide that the insurance company shall be liable in the sum of $25,000 for any and all property damage which may occur by reason of the negligence or careless operation of any taxicab covered by the policy, regardless of whether the taxicab was being driven by the owner, his agent, lessee, or licensee.
(F) Accident insurance policy.
(1) The accident insurance policy shall provide that insolvency or bankruptcy of the insured shall not release the insurance company from any payment due under the policy. If by reason of insolvency or bankruptcy an execution of a judgement against the insured is returned unsatisfied, the judgment creditor shall have a right of action against the insurance company to cover the amount of the judgment to the extent that the insured would have had to recover against the company had the insured paid the judgment.
(2) The accident insurance policy shall provide that it shall not be cancelled until after 30 days' notice to the City Clerk. If the owner shall fail within the 30 days to provide another policy of like kind and manner, then any permit and license issued under this chapter shall be revoked by the City Clerk as of the day the insurance ceases to be in effect.
(G) Bond in lieu of insurance. The owner of any taxicabs may, in lieu of carrying liability insurance as provided in divisions (E) and (F) above, deposit and maintain throughout the term of the permit or license with the city, bond with corporate surety approved by the office of the City Attorney, in the sum of not less than $100,000, running to the city, conditioned that in the event of any injury or damage to any person or property growing out of the negligence of any taxicab owned or operated or leased by the insured, the person so injured in his person or property shall have a right of action thereon in the sum of not more than $100,000 total liability on account of anyone accident resulting in bodily injuries to or the death of more than one person and in the sum of not less than $25,000 for any and all property damage, and regardless of whether the driver of the taxicab at the time of the accident or accidents is the owner, his agent, or lessee.
(H) Limitation on number of licenses.
(1) Not more than 70 taxicab licenses shall be issued.
(2) The City Council may amend this division only on proper showing that public convenience and necessity require more taxicabs to be licensed.
(3) Failure for a period of 30 or more days for any operator to use one or more of the licenses granted to him shall be reason to revoke the license not in use.
(I) Determination of public convenience and necessity.
(1) For the purpose of determining the requirements of public convenience and necessity, the City Council shall have the right to hold a hearing on their own motion or on the written application of any citizen of the city. At the hearing any citizen of the city shall have a right to be heard, including persons holding a license under this chapter.
(2) The City Attorney and the Chief of Police, or any other officer as he may designate, shall be present at the hearing to assist the City Council in determining the requirements of public convenience and necessity within the meaning of division (H) above.
(3) In the event that the City Council after a hearing, decides that public necessity and convenience require that taxicabs in excess of 70 be licensed in the city, the City Council shall determine the number of additional taxicabs to be licensed, and the licenses shall be issued to any person legally qualified to operate a taxicab on the payment of the license fees.
(4) A license issued hereunder shall not be transferable except on approval by the City Council.
(J) License tags.
(1) The City Clerk shall furnish with each taxicab license a metal tag designating the city license number. The tag shall be affixed to the rear state license tag and shall be displayed at all times.
(2) The license tag shall be issued for a specific vehicle and shall not be transferred to another vehicle. The taxicab owner may surrender a specific tag for a vehicle that has been removed from service due to a mechanical failure, accident, or not in good operating condition. A second license tag shall be issued in lieu thereof, without charge, by the City Clerk on notification that the vehicle is inoperable and on the surrender of the license tag. The notification shall be accompanied by such information as will show that the vehicle to which the tag is to be transferred complies with all other requirements of this chapter.
Penalty, see § 117.99