A.   Definitions: The following terms, as used in this section, shall have the meanings stated:
    OPERATOR: Any person owning or having control of the use of one or more taxicabs used for hire upon the streets or engaged in the business or operation of a taxicab within the city.
   STREET: Any street, alley, avenue, bridge, land or public place in the city.
   TAXI DRIVER: Any person who drives a taxicab, whether such person be the owner of such taxicab or employed by a taxicab owner or operator.
   TAXICAB: Any motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than seven (7) persons and not operated on a fixed route.
   B.   License Required: No person shall operate or permit a taxicab owned or controlled by such owner to be operated as a vehicle for hire upon the streets of the city without being licensed by the city council, provided that any taxicab license to operate in any other municipality of this state may carry passengers from said municipality where so licensed to any place or point in the city and may receive passengers for carriage to such municipality where so licensed, but owners and drivers of such vehicles shall not be permitted to solicit business in the city or otherwise operate a taxicab on the streets of the city without being licensed under the provisions of this chapter.
   C.   License:
      1.   Application: An application for a license shall be filed with the city administrator upon forms provided. Said application shall be verified under oath and shall furnish the following information:
         a.   The name and address of the applicant;
         b.   The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments;
         c.   The experience of the applicant in the transportation of passengers;
         d.   The number of vehicles to be operated or controlled by the applicant;
         e.   The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant; and
         f.   Such further information as the city council may require.
      2.   Public Hearing: Upon the filing of an application, the council may, at its option, fix a time and place for a public hearing thereon.
      3.   Issuance Of License: If the council finds that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the city council, the city council shall issue a license stating the name and address of the applicant, the number of vehicles authorized under said license and the date of issuance; otherwise, the application shall be denied.
      4.   Council Consideration: In making the above findings, the city council shall consider that:
         a.   "Fit" includes whether the applicant and drivers for the applicant's company have not had their driving privileges suspended, revoked, or canceled within one year of the date of application, have not been convicted of any crime directly relating to the safe operation of a taxicab, as defined by Minnesota statutes, section 364.03, subdivision 2, or have shown sufficient rehabilitation and present fitness to perform the duties of the occupation of taxicab driver, as defined by Minnesota statutes, section 364.03, subdivision 3;
         b.   "Willing" includes the applicant will make available taxicab service throughout the city; and
         c.   "Able" includes the applicant has access to financial resources to obtain the necessary vehicle(s), equipment, and insurance to provide the taxicab service proposed.
         d.   Notwithstanding the foregoing subsections, the city's determination of whether an applicant is "fit, willing and able" may not be based on information unrelated to the applicant or the applicant's business. Information that is unrelated to the applicant or the applicant's business includes, but is not limited to, the state of the market for taxi services and another provider or providers.
      5.   Fee: No license shall be issued or continued in operation unless the owner thereof has paid an annual license fee as established by the council by resolution.
      6.   Liability Insurance Required: No license shall be issued or continued in operation unless there is in full force and effect a liability insurance policy issued by an insurance company authorized to do business in the state of Minnesota for each vehicle authorized in the amount of three hundred thousand dollars ($300,000.00) combined single limits. Such insurance shall cover all passengers carried by the insured licensee and shall be for public taxicab purposes. Said policy or certificate of the insurer showing issuance of the policy shall be filed in the office of the city administrator. The required insurance policy shall be endorsed to provide that the coverage afforded under the contract will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the city.
      7.   Mechanical Condition: Before issuing a taxicab license, the applicant shall present to the city a certificate signed by a person who is competent and experienced in the operation and maintenance of motor vehicles that the taxicab conveyance is in good mechanical condition. It shall be a continuing requirement for such licenses that each taxicab licensed hereunder be in a thoroughly safe condition for the transportation of passengers and be clean and of good appearance. Other certification, examination and tests of licensed taxicabs may be ordered by the council from time to time. In lieu of such certificate, the council may accept the report of the chief of police relative thereto.
      8.   Prohibition Of Use: In the event a taxicab is found not to be in satisfactory condition as prescribed by this section, the council may summarily prohibit the use of said taxicab until such time as the taxicab is in compliance. Such a prohibition shall be in writing and shall set forth the specific deficiencies of the taxicab, the corrective action required and the necessity of further satisfactory examination of the taxicab before it can be placed in operation as a taxicab.
      9.   Restrictions: No person, either the operator or employee of such operator, shall drive a taxicab in the city without first having been licensed in accordance with the state law.
   D.   Drivers: All taxicab drivers shall be clean and courteous at all times and shall be fully attired with suitable clothing and footwear.
   E.   Transfer: No license may be sold, assigned, mortgaged, or otherwise transferred, without the consent of the city council.
   F.   Suspension And Revocation Of License: A license issued under the provisions of this chapter may be revoked or suspended by the city council if the licensee has:
      1.   Violated any of the provisions of this chapter;
      2.   Discontinued operations for more than forty five (45) days;
      3.   Violated any ordinance or code of the city or the laws of the United States or the state of Minnesota, with said violations making it illegal or unsafe for the licensee to offer public transportation.
Prior to the suspension or revocation, the licensee shall be given notice of the proposed action to be taken and shall have an opportunity to be heard thereon. (Ord. 44, 6th Series, eff. 10-15-2012)