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(a) The Executive must establish, by method (2) regulation:
(1) uniform lease, sublicense, and affiliation agreements which must conform to the minimum requirements of Section 53-218;
(2) maximum lease, sublicense, and affiliation rates that a licensee may charge a driver; and
(3) a list of types and amounts of other charges that a licensee may charge a driver.
(b) Maximum lease, sublicense, and affiliation rates, and other charges that a licensee may charge a driver, must be set at amounts determined by the Executive to:
(1) enable the licensee to receive adequate revenues to pay the licensee’s reasonable expenses and receive a fair and reasonable rate of return on the licensee’s investment; and
(2) provide drivers with an opportunity to earn a fair and reasonable income.
(c) In determining the maximum lease rates, the Executive must consider:
(1) vehicle, equipment and license costs;
(2) asset depreciation;
(3) the costs of insurance, operation and maintenance, uninsured repairs, wages and salaries, garage storage, taxes, fees, two-way dispatching and administration, as well as all other periodic expenses paid by the licensee; and
(4) any other factors that the Executive considers appropriate to further the purposes of this Chapter.
(d) The Executive must periodically review the maximum lease, sublicense, and affiliation rates, and other charges that a licensee may charge a driver, to ensure that the rates and charges are consistent with the objectives expressed in this section.
(e) The Executive may require all licensees to provide such financial information as may be reasonably necessary to establish maximum rates and charges allowed under this Section. Information submitted under this subsection is confidential and must not be disclosed to the public. (2015 L.M.C., ch. 39, § 1.)
Division 1. General License Provisions.
(a) A person must not provide taxicab service without possessing a license as required under this Chapter.
(b) Except as provided in subsection (c)(3), a license must be issued only to the owner of each taxicab.
(c) A person must not operate a taxicab or provide taxicab service unless the person either:
(1) holds a fleet license; or
(2) holds one or more individual licenses and is affiliated with an association or a fleet; or
(3) holds a sublicense granted by a holder of a fleet license under Section 53-204A and is affiliated with that fleet.
(d) A licensee must hold a license for each taxicab.
(e) A licensee must own a taxicab associated with each license. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
Each licensee and driver are both responsible for displaying the license prominently in the taxicab at all times in a location that is plainly visible to passengers. (2004 L.M.C., ch. 27, § 1.)
(a) A fleet or association, including any officer, director, owner, employee, affiliate, subsidiary, or holding company, must not have any direct or indirect ownership interest in or management control over any other fleet or association that operates in the County.
(b) An individual must not hold a license originally issued to a fleet or association under this Chapter, and a fleet or association must not hold a license originally issued to an individual under this Chapter, unless the license was lawfully transferred under Section 53-204.
(c) Nothing is this Section prohibits a fleet or association from providing non-taxicab for- hire driving services as defined under State law and not regulated by the County. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
(a) Any license must not be transferred except as provided in this Chapter.
(b) A license may be transferred only if:
(1) the license was first issued before January 1, 2015;
(2) the licensee notifies the Department in writing of the proposed transfer not less than 30 days before the date of the proposed transfer, specifying all terms and conditions of the proposed transfer and the identity of the proposed transferee;
(3) the Director finds that the proposed transferee meets all requirements of this Chapter and applicable regulations; and
(4) the licensee surrenders the license when the Director approves the transfer.
(c) The Director must not approve a transfer of any license if the transferee already holds, or would then hold, more than 40% of the total number of licenses then in effect. This subsection does not prohibit the sale or transfer of a license to a licensee that held more than 40% of the licenses in effect on October 1, 2004, or the sale or transfer of all or a majority of the licenses held by that licensee.
(d) A security interest may be created in a passenger vehicle license in accordance with the Maryland Uniform Commercial Code, subject to the Director’s approval. The Executive may by regulation attach further conditions to the creation of a security interest, consistent with this subsection, as necessary to avoid significant disruptions in taxi service. The Director may approve the creation of a security interest only if:
(1) the licensee and, if different, the proposed holder of the security interest has notified the Director at least 30 days before the security interest would be created of the identities of all parties to and all terms and conditions of the security interest; and
(2) the secured party acknowledges in the security interest agreement that:
(A) the security interest is subordinate, in all respects, to the authority of the Director to suspend, revoke, or refuse to renew the license under this Chapter; and
(B) any transfer of the license pursuant to a foreclosure or execution on the security interest is not effective unless the Director finds that the proposed transferee satisfies all requirements of this Chapter and applicable regulations.
The Director must send to the secured party, at its last address on file with the Department, a copy of any written notice to the licensee regarding the suspension, revocation, or refusal to renew the license. That notice is the only notice the Director is required to provide to a secured party of any action taken or proposed to be taken with respect to a license.
(e) A transferred license is valid for the remainder of the term of the original license.
(f) A fleet or individual that transfers a license must not be issued a new license for three years after the transfer of the license. (2004 L.M.C., ch. 27, § 1; 2008 L.M.C., ch. 35, § 1; 2015 L.M.C., ch. 39, § 1.)
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