Loading...
No person shall operate or cause to be operated any taxicab, regardless of whether such operation extends beyond the boundary limits of the city, without a valid taxicab permit first having been obtained authorizing such operation, and a valid taxicab driver's permit having been obtained for the driver, provided that no taxicab or taxicab drivers permit shall be required for a taxicab which is lawfully transporting a passenger from a point outside this city to a destination within this city, or which is en route from a point outside this city to a destination outside this city; provided that no driver of a taxicab without such taxicab permit and taxicab driver's permit shall solicit or accept a passenger or passengers from within this city for transportation to any destination whatsoever. Violation of this section shall be a misdemeanor.
('61 Code, § 4-5.02) (Ord. 145 N.S., passed - - ; Am. Ord. 746 C.S., passed 2-5-03; Am. Ord. 801 C.S., passed 9-6-06)
(A) Any person desiring to secure a taxicab permit shall submit an application therefor to the City Administrator or his or her designee. The application shall be in a form approved by the City Administrator or his or her designee and shall include the following:
(1) The applicant's name, home address, business address, and telephone numbers, including information as to persons doing business under fictitious names, as members of partnerships, or as officers or corporations or associations;
(2) The number of permits desired and a list of vehicles to be used as taxicabs, including a full description of each vehicle; provided, that the full description of new vehicles may be submitted within 30 days of the date of issuance of a permit hereunder;
(3) A full description of the location and operation of the applicant's place of business, including radio operation, if any;
(4) The date upon which the applicant desires the permit to be issued;
(5) Such other and further information as the City Administrator or his or her designee may require.
(B) The application shall be under penalty of perjury, and shall not be accepted unless it is clearly filled out in full with all required information and is accompanied by the non-refundable application fees designated in the Master Fee Resolution for each permit requested.
('61 Code, § 4-5.03) (Ord. 145 N.S., passed - - ; Am. Ord. 746 C.S., passed 2-5-03; Am. Ord. 801 C.S., passed 9-6-06; Am. Ord 941 C.S., passed 6-7-17)
(A) The City Administrator or his or her designee, with the assistance of the Police Chief or his or her designee, shall cause an investigation to be made of the facts stated in the taxicab permit application, and shall, within 60 days, determine the following:
(1) Whether the applicant has had a taxicab permit revoked for any cause within the last 24 months;
(2) Whether the application fee has been paid;
(3) Whether any fact exists that would be cause for revocation of a taxicab permit because of a violation of any of the terms of this article or rules promulgated pursuant thereto;
(4) Whether any statement made in the application is false;
(5) Whether the applicant, including all persons doing business under fictitious names as members of partnerships, or as officers of corporations or associations, has been convicted within the last five years of a crime or other offense involving moral turpitude, or a conviction of use, possession or sale of a controlled substance within the past three years.
(B) If the City Administrator or his or her designee makes a finding unfavorable to the applicant, with respect to any of the above factors, the City Administrator or his or her designee shall deny issuance of the permit and shall give the applicant prompt written notice of such finding and decision. The notice shall include a statement of the specific reasons for denial, including any complaints received against any applicant presently holding a permit and a notice that the applicant has a right to file an appeal under Chapter 4 of Title I of this code.
(C) Should the City Administrator or his or her designee's report conclude that the applicant meets the requirements of this chapter, the City Administrator or his or her designee shall issue such permit or permits. Each permit shall be numbered and shall state the name and address of the permittee and the date of issuance. One permit shall be issued for each taxicab. The fees paid by unsuccessful applicants shall not be refunded.
('61 Code, § 4-5.04) (Ord. 145 N.S., passed - - ; Am. Ord. 746 C.S., passed 2-5-03; Am. Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
Any person desiring to secure a taxicab driver's permit shall submit an application therefor to the City Administrator or his or her designee. The application shall be in a form approved by the City Administrator or his or her designee and shall include the following:
(A) The applicant's name, home address, business address, and telephone numbers;
(B) The applicant's age and place of birth;
(C) The date upon which the applicant wishes the permit to be issued:
(D) Identification, including the number, of any previous driver's permit issued to the applicant;
(E) Three current identification pictures of the applicant; one for the city issued ID card, one to be kept on file with the application and one to be kept on file at the Police Department;
(F) A report of a Department of Transportation exam within the last 12 months, by a doctor of medicine, showing the applicant to be in a proper physical condition to operate a taxicab safely;
(G) A statement of the applicant's criminal convictions within the last five years, excluding parking violations:
(H) A copy of the drivers Class "B" California driver's license or a copy of the driver's Class "C" license and a medical examination certificate as required for the issuance of a Class"B" license;
(I) A letter from a current cab company certifying that the driver is employed or will be employed by that company;
(J) Such other information as the City Administrator or his or her designee may require. The application shall be under penalty of perjury, and shall not be accepted unless it is clearly filled out in full with all required information and is accompanied by the nonrefundable permit fee designated in the Master Fee Resolution.
(K) Provide an approved Live Scan background check.
(L) A ten year history driving record issued by the California Department of Motor Vehicles.
(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
(A) The City Administrator or his or her designee, with the assistance of the Police Chief or his or her designee, shall cause an investigation to be made of the facts stated in the application and shall, within 30 days, determine the following:
(1) Whether the applicant has had a taxicab driver's permit revoked for any cause within the last 24 months, has ever had a taxicab driver's permit revoked for a cause involving reckless driving or drunkenness, or has had an application for a taxicab driver's permit denied within the last six months;
(2) Whether any statement made in the application is false;
(3) Whether the taxicab driver's permit has not been paid;
(4) Whether the applicant has been convicted within the last five years of a crime involving moral turpitude or a conviction of use, possession or sale of a controlled substance within the past three years, or a conviction including any of the following:
(a) Any crimes listed in 290 CPC;
(b) DUI - Within five years of the date of fingerprinting;
(c) Vehicle theft;
(d) Fraud;
(e) Stolen property;
(f) Crimes of violence;
(g) Any felony crime relating to narcotics or any controlled substance;
(h) Any other crimes enumerated in 2432.3 of the CVC;
(i) Actively on parole or on any form of probation;
(j) Crimes resulting in the applicant becoming a sex, arson or narcotics registrant;
(k) Other felony or violent misdemeanor conviction;
(5) Whether any fact exists that would be cause for suspension or revocation of a taxicab driver's permit because of a violation of any of the terms of this article or rules promulgated pursuant thereto;
(6) Whether the applicant possesses a valid California Class "B" driver's license or a Class"C" license and documentation of the required medical examination for a Class"B" license;
(7) Whether the applicant has submitted three recent pictures, has been fingerprinted, and has presented proof of a physical examination within the last 12 months showing the applicant to be in a proper physical condition to operate a taxicab.
(B) The City Administrator or his or her designee may deny issuance of a permit in the event he or she makes a finding adverse to the applicant with respect to any of the above factors. If a permit is denied, the City Administrator or his or her designee shall give the applicant prompt written notice of such decision. The notice shall include a statement of the specific reasons for denial including any complaints received against any applicant currently holding a permit.
(C) If the City Administrator or his or her designee concludes that the applicant meets the requirements of this chapter, the City Administrator or his or her designee shall issue the taxicab driver's permit.
(D) An applicant denied issuance of a taxicab driver's permit under this section may appeal the denial pursuant to the provisions of Chapter 4 of Title I of this code.
(Ord. 199 N.S., passed - - ; Am. Ord. 323 N.S., passed - - ; Am. Ord. 136 C.S., passed 5-7-69; Am. Ord. 204 C.S., passed 9-5-73; Am. Ord. 256 C.S., passed 2-2-77; Am. Ord. 338 C.S., passed 5-5-80; Am. Ord. 375 C.S., passed 8-17-81; Am. Ord. 746 C.S., passed 2-5-03; Am. Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
(A) No vested right or property interest of any type is acquired by a taxicab permit or taxicab driver's permit issued to any person under this chapter.
(B) All taxicab permits and taxicab driver's permits are revocable and subject to suspension in accordance with the provisions of this chapter, and are to be exercised only in conformance with the regulations provided in this chapter.
(C) A permittee shall not permit any right or privilege granted by his or her permit to be exercised by another, nor shall his or her permit or any interest therein or any right or privilege there under be sold, transferred, leased, assigned or otherwise disposed of except as provided in this chapter. A transfer in violation of this subsection shall be grounds for revocation or suspension of the permit. Upon the death of any taxicab permittee, the permit may be exercised by the executor or administrator of the deceased permittee's estate during the period of estate administration. The period shall not exceed one year from the permittee's death.
(1) A deceased permittee's surviving heir(s) who inherits the permittee’s entire taxicab company may reapply for taxicab permits in an amount equal to the permits possessed by the deceased permittee.
(2) A permittee may sell his/her taxicab company, or one or more taxicabs, to another current permittee without invoking any minimum permit regulations in force at that time. The permittee purchasing the taxicabs may then apply for taxicab permits for all the taxicabs for which the selling company possessed permits. Any permittee purchasing such taxicabs who is otherwise not required to operate under a radio-dispatched system shall be required to so operate as a result of such purchase.
(D) The renewal fee for each taxicab permit shall be the annual amount designated in the Master Fee Resolution. If any permit is not exercised, the fee shall not be refunded. The fee required is a permit fee and shall not be deemed to be in lieu of a business license tax as required by the provisions of this code. Prior to the payment of the annual permit renewal fee for a taxicab permit the permittee must submit a valid State of California vehicle registration card.
(E) A permittee who has a taxicab permit but does not exercise this permit due to the taxicab vehicle being out-of-service, wrecked, unavailable for service, or without liability insurance, for a period of 180 days shall automatically forfeit that permit, except for those vehicles mentioned in subsection (H) of this section.
(F) Taxicab driver's permits are annual permits which expire on the following June 30, provided, that whenever a taxicab driver's permit has been applied for and issued within a period of 60 days before June 30, it shall be valid when issued and may be issued for the next ensuing year. Application for renewal must be received by the City Administrator or his or her designee before expiration of the permit and will require a records update from the Police Department and will, if permittee has been arrested within the past 12 months, require the permittee to be fingerprinted. The City Administrator or his or her designee shall determine whether the permittee possesses a valid California Class "B" driver's license or a Class "C" license with the required medical examination.
(G) The renewal fee for a taxicab driver's permit shall be the annual amount designated in the Master Fee Resolution. If any permit is not exercised, the fee shall not be refunded.
(H) Each taxicab permit holder may have one additional vehicle, which must be permitted, insured, and otherwise ready for use, for every three permits he or she holds.
('61 Code, § 4-5.08) (Ord. 145 N.S., passed - - ; Am. Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
Loading...