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862.02   TAXICAB COMPANY LICENSE REQUIRED; PROHIBITION.
   (a)   Except as otherwise provided in Section 862.03, no person or taxicab company shall operate or permit the operation of any taxicab, owned or leased by them or under their control, on any street within the corporate limits of the City, except in accordance with the provisions of this chapter.
   (b)   Except as otherwise provided in Section 862.03, no person shall engage in the business of operating one or more taxicabs within the City unless a taxicab company license has been duly issued by the City to such person in the manner specified in this ordinance and unless such license is in full force and effect.
   (c)   Except as otherwise provided in Section 862.03, no person or taxicab company shall permit any taxicab, owned or leased by them or under their control, to be driven for hire by any person who is not a taxicab driver properly licensed under the provisions of this chapter.
   (d)   Except as otherwise provided in Section 862.03, no person or taxicab company shall permit any taxicab, owned or leased by them or under their control, to be driven for hire on the streets of the City unless the taxicab is registered in accordance with Section 862.07.
   (e) No licensed taxicab company shall fail to maintain their equipment in good mechanical condition at all times and shall not operate any vehicle with a defect that would tend to affect the safe operation of such vehicle, or the safety of others on the road.
(Ord. 00-16. Passed 5-15-00.)
862.03   EXEMPTION FROM REGULATION.
   (a)   The provisions of this chapter shall not apply to taxicabs from other jurisdictions owned and operated by a person having no taxicab company license issued pursuant to this chapter bringing passengers from a point of origin outside the City to a point of destination inside the City. But this chapter shall apply and it shall be unlawful for the taxicab company or driver of any taxicab exempted hereunder to solicit or accept any passenger within the City for transportation to any destination, without first obtaining the necessary licenses required by this chapter.
   (b)   The provisions of this chapter shall not apply to vehicles owned, leased or operated by the Federal government, including any of its agencies, or by the State of Ohio or any of its political subdivisions or by the employees of such government entities when the employee is operating the vehicle for the benefit of the government entity and is compensated by the government entity; nor shall the provisions of this chapter apply to the drivers of such vehicles.
(Ord. 00-16. Passed 5-15-00.)
862.04   APPLICATION FOR TAXICAB COMPANY LICENSE.
   (a)   Application for the taxicab company license specified in Section 862.02 shall be made by the taxicab company owner to the City Manager upon blanks furnished by the City Manager and shall set forth the following information.
      (1)   The full name, age and residence of the applicant if it is a sole proprietorship. If the applicant is a partnership, or any other legal entity other than a natural individual or a body corporate, the full name, age and residence of each of the partners or principals. If the applicant is a corporation, the full name of the corporation and its principal place of business, together with the full name of its principal officers, and the applicant corporation's certificate of good standing issued by the state of incorporation;
      (2)   The name under which the applicant will do business;
      (3)   A schedule or list showing the type of each vehicle to be used in service, with information as to motor and serial numbers and state license number, age, mileage, carrying capacity and wheelbase of each such vehicle; the name, insignia, monogram, color scheme or style of painting or lettering to be used together with all other lettering or marks proposed to be used by the application on the vehicles;
      (4)   A certificate of insurance executed by a duly licensed representative of an insurance company licensed and admitted to sell motor vehicle insurance in the State of Ohio verifying that all taxicabs to be employed in the taxicab company's business are insured in conformity with all requirements contained in this chapter and containing a provision that the insurance will not be modified or canceled until thirty calendar days written notice has been given to the City, along with a receipt from the insurance company verifying that three months of insurance premiums have been paid in advance; or a valid Certificate of Self Insurance issued to the applicant by the Ohio Department of Public Safety, Bureau of Motor Vehicles issued pursuant to Ohio R.C. 4509.72;
      (5)   The City Manager shall make inquiry into whether the applicant is indebted to the City or in default upon an indebtedness or other obligation to the City; and
      (6)   The application shall be accompanied by a nonrefundable application fee of one hundred twenty five dollars ($125.00) to cover the expenses of the City in investigating the applicant and considering the grant or denial of the license sought by the applicant.
   (b)   Licensed taxicab companies shall inform the City Manager of a change in any of the information described in division (a) of this section within ten calendar days after the change occurs by filing an amended form reflecting such change.
   (c)   No person shall give any fictitious information or practice any fraud, misrepresentation or subterfuge in securing, attempting to secure or in maintaining in effect a taxicab company license provided for in this chapter. Should fraud, misrepresentation or subterfuge be engaged in as a part of securing, attempting to secure or in maintaining in effect a taxicab company license, any license issued or continuing in effect based, in whole or in part, upon such activity shall be void. Failure to properly notify the City Manager of a change in information as required by this section shall constitute misrepresentation.
(Ord. 00-16. Passed 5-15-00.)
862.05    DETERMINATION BY CITY MANAGER.
   (a)   Upon receiving an application as provided in Section 862.04, the City Manager shall forthwith investigate the applicant for such license concerning the applicant's compliance with the provisions of this chapter, compliance with all other legal obligations to the City, the applicant's satisfaction of all indebtednesses or other obligations to the City and shall obtain from the Police Administrator a report concerning whether the applicant has been convicted of any violations of Sections 862.02, 862.07, 862.08 or 862.09 of this chapter.
   (b)   No taxicab company license shall be issued to an applicant whose name, insignia, monogram, color scheme or style of painting or lettering to be used thereon, in the opinion of the City Manager, imitates a name, insignia, monogram, color scheme or style of painting or lettering used by any other taxicab company licensed under the provisions of this chapter, or is such as to mislead or tend to deceive the public. In case of dispute as to the right to use any name, insignia, monogram, color scheme or style of painting or lettering, it shall be resolved in favor:
      (1)   Of the person having trademark protection for the name, insignia, monogram, color scheme or style of painting or lettering; or, if no applicant has such trademark protection;
      (2)   Of the person with the earlier priority of use of the name, insignia, monogram, color scheme or style of painting or lettering not having trademark protection, unless he has abandoned such use for one year or more. After a taxicab company license has been issued to a taxicab company, the name, insignia, monogram, color scheme or style of painting or lettering of the taxicab company shall not be changed without the prior written approval of the City Manager. Prior to the issuance of a taxicab company license, the applicant shall present a color photograph of the name, insignia, monogram, color scheme or style of painting and lettering of the taxicab company to the City Manager.
   (c)   If the City Manager determines that the applicant has met all of the eligibility requirements imposed by this chapter to receive a taxicab company license, that the applicant has satisfied all indebtednesses or other obligations to the City and the City Manager has determined that the vehicle(s) proposed to be used comply with the provisions of this chapter, the City Manager shall issue a taxicab company license to the applicant.
   (d)   All taxicab company licenses shall expire at midnight on December 31 of the year of issuance.
   (e)   A taxicab company license issued under this chapter is not transferable and may not be transferred in any way whatsoever including, but not limited to, by way of a transfer by sale, lease, assignment, sublease, barter, or gift of the taxicab company license itself, or by a sale, lease assignment, sublease, barter, or gift of the assets or stock of a legal entity which holds a taxicab company license. Should a legal entity dissolve and cease doing business, a successor entity to the defunct legal entity must secure a new taxicab company license.
(Ord. 00-16. Passed 5-15-00.)
862.06   REVOCATION OF TAXICAB COMPANY LICENSE.
   (a)   Any license to operate a taxicab may be revoked at any time by the City Manager if the City Manager finds that:
      (1)   The licensee fails to operate its taxicabs in accordance with the provisions of this chapter and other ordinances of this City and the laws of Ohio;
      (2)   The licensed taxicab company has ceased to operate its taxicab service for a period of thirty consecutive calendar days; or
      (3)   The licensed taxicab company fails to keep in force the policy of insurance required under this chapter.
   (b)   Written notice of such revocation shall state the reason for the revocation, the date and time that the revocation is effective and shall inform the licensee that it may request a post revocation hearing before the City Manager within ten calendar days of service of the notice of revocation upon the licensee. The City Manager shall serve the notice of revocation on the licensee by sending the notice of revocation to the licensee personally by certified mail return receipt requested or by leaving a copy of the notice of revocation at the taxicab company's place of business designated in the license.
   (c)   Upon receipt of a request for a post revocation hearing, the City Manager shall serve written notice of such hearing, stating the date, time and location of the hearing upon the licensee. The City Manager shall serve the notice of the post revocation hearing upon the licensee by sending the notice of the post revocation hearing to the licensee personally by certified mail return receipt requested or by leaving a copy of the notice of the post revocation hearing at the taxicab company's place of business designated in the license. The City Manager shall serve the written notice of the post revocation hearing at least five calendar days prior to the hearing date.
   (d)   No person whose license has been revoked shall fail, refuse or neglect to surrender their taxicab company license certificate to the City Manager on or before the effective date of revocation, nor shall any person conceal or destroy any taxicab company license certificate during the year for which such license was issued.
(Ord. 00-16. Passed 5-15-00.)
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