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(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)
A taxicab permittee shall, and by acceptance of his or her permit does, agree to indemnify, defend and hold the city free and harmless from any and all claims, costs, liability, damages or expenses, including costs of suit and fees, including attorneys' fees, on account of any damages arising out of the taxicab permittee's operation of a taxicab business under the permit, except for that liability caused by the sole negligence of the city.
(Ord. 801 C.S., passed 9-6-06)
(A) It shall be unlawful to operate any taxicab unless there shall be filed and deposited with the City Clerk a current and valid certificate of insurance executed and delivered by a company authorized to carry on an insurance business in the state, the financial responsibility of which company shall be evidenced by an A.M. Best Rating of at least A:VII. The certificate of insurance shall identify coverage in force for the following minimum amounts:
(1) General liability coverage in the following minimum amounts:
(a) $1,000,000 limit for each occurrence;
(b) $1,000,000 limit for personal injury;
(c) $1,000,000 general aggregate limit;
(d) $5,000 medical expense limit for any one person;
(e) $100,000 limit for damage to rented premises.
(2) Automobile liability with a combined single limit of $1,000,000 for each accident; and
(3) Workers' compensation and employer liability as required by the State of California. The city may require at its option, a copy of all policies and endorsements of required insurance in addition to certificates of insurance.
(B) Certificates of insurance shall contain a provision against cancellation except upon 30 day(s) prior written notice thereof to the city.
(C) Any deductibles or self insured retentions must be declared to and approved by the city. Approval will not be unduly withheld if the operator is able to provide evidence of sufficient financial means that would allow meeting the deductible or self insured retention.
(D) The insurance policies are to be endorsed to contain the provisions noted below and such endorsements are to be identified on the certificate(s) of coverage (and/or policies and endorsements) that are to be provided to the city by the operator with any mandatory endorsements.
(E) Endorsements. The city, its officers, officials, employees, and volunteers are to be covered as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the operator.
('61 Code, § 4-5.06) (Ord. 145 N.S., passed - - ; Am. Ord. 192 C.S., passed 10-18-72 ; Am. Ord. 746 C.S., passed 2-5-03; Am. Ord. 801 C.S., passed 9-6-06)
Subject to the general control of the City Administrator, the regulation of taxicab permits shall be within the power and duties of the City Administrator or his or her designee. The City Administrator or his or her designee shall immediately inform the Police Chief, or his or her designee, of the suspension or revocation of taxicab permits or taxicab driver's permits for any reason.
(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)
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