§ 112.18 APPROVAL PROCEDURE; BURDEN OF PROOF.
   (A)   In determining whether the public convenience and necessity require the franchising of a taxicab or taxicabs, the Board of Commissioners shall, among other things, take into consideration the following factors:
      (1)   Whether or not the public convenience and necessity require the proposed or additional taxicab service within the town;
      (2)   The financial responsibility of the applicant and the likelihood of this proposed service being permanent, responsible and satisfactory;
      (3)   The number and condition of equipment;
      (4)   The schedule of proposed rates, if required by the Board of Commissioners to be charged;
      (5)   The number of taxicabs now operated and the demand for increased service, if any, and 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 these taxicabs;
      (6)   The experience of the applicant in the taxicab business; and
      (7)   Other relevant facts as may be deemed necessary and advisable.
   (B)   Before making any decision with respect to the issuance of a certificate of convenience and necessity, the Board of Commissioners, or a committee thereof, shall make a full and complete investigation of all facts, if it so desires, subpoena witnesses and utilize the services of the Chief of Police or any other officer or employee of the town.
   (C)   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, § 112.18)