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.)