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(A) The applicant for a taxicab driver permit or a taxicab operator permit shall submit to the license collector a completed application form obtained from the license collector, together with fees for the permit, and such licenses, certificates, documents, and other material as is required by the application form or the license collector, including an application form and fees for a business tax certificate if applicable. The applicant for a taxicab driver permit shall also submit a fee for a fingerprint report from the State Department of Justice.
(B) The application form for a taxicab driver permit shall require the following information, licenses, certificates, documents, and such other material as the license collector deems necessary:
(1) A letter from a prospective employer offering employment to the applicant as a taxicab driver substantially located in the city, whether as an independent contractor or as an employee; or a letter from an employer stating that the applicant is employed as a taxicab driver substantially located in the city, whether as an independent contractor or as an employee; or a written statement from the applicant that he/she wishes to be a self-employed taxicab driver substantially located in the city, not employed by another person, whether as an independent contractor or as an employee;
(2) Proof of compliance with the requirements of the city's mandatory controlled substance and alcohol testing certification program;
(3) Proof that the applicant is at least 18 years of age;
(4) The applicant's name, residence, phone number, and business address, and if the applicant is self-employed, the name and address of the taxicab business for which the applicant drives;
(5) A document issued by the Department of Motor Vehicles, dated no more than ten days before the application is submitted, showing that the applicant holds a valid, current California driver's license;
(6) If the applicant is self-employed, the make, type, vehicle identification number, and license number of each taxicab owned or leased by the applicant, the address from which the taxicabs will be operated, and a certificate of inspection for each such taxicab;
(7) The distinctive color scheme, name, monogram, or insignia by which each taxicab will be marked; and
(8) If the applicant is self-employed, proof of insurance required by subsections (F) and (G) of section 11-268.
(C) An application form for a taxicab operator permit shall require the following information and such other material as the license collector deems necessary:
(1) The applicant's name, residence, and business addresses;
(2) The name of each owner of the taxicab business, including the owners, partners, or officers of a firm, partnership, corporation, or other entity, and their residence and business addresses;
(3) The name and address of the taxicab business;
(4) The make, type, vehicle identification number, and license number of each taxicab owned or leased by the taxicab business, and a certificate of inspection for each such taxicab;
(5) The distinctive color scheme, name, monogram, or insignia by which each taxicab will be marked;
(6) The name and address of each taxicab driver employed by the taxicab operator, whether as an independent contractor or as an employee;
(7) The address from which the taxicabs will be operated;
(8) Proof of the insurance required by subsections (F) and (G) of section 11-268;
(9) Trip data documentation. For a new taxicab operator, a primary business address in the city shall satisfy the trip data documentation requirement. A taxicab operator shall begin collection of trip data during its first year of operation; and
(10) Registration of rates of fare to be charged.
(`64 Code, Sec. 30-4) (Ord. No. 2468, 2838, 2954)
As a condition of permit issuance and renewal, taxicab drivers shall test negative for controlled substances and for alcohol. Procedures, standards, and regulations concerning such testing shall be adopted by resolution of the city council.
(`64 Code, Sec. 30-5) (Ord. No. 2468, 2954)
(A) The license collector shall refer to the police chief a completed application for a taxicab driver permit or a taxicab operator permit.
(B) The police chief shall take a photograph and obtain the fingerprints of the applicant for a taxicab driver permit and shall send the fingerprints to the State Department of Justice for a report.
(C) After receipt of a report from the Department of Justice, the police chief shall direct the license collector to grant or deny the application for a taxicab driver permit. The police chief shall direct the license collector to deny the application on any of the following grounds:
(1) The applicant is under the age of 18 years;
(2) The applicant does not hold a valid, current California driver's license;
(3) The applicant did not submit one or more of the items required by the application form;
(4) The applicant did not test negative for controlled substances and alcohol, as required by the city's controlled substance and alcohol testing program;
(5) Within seven years of the date the application was filed, the applicant was convicted of driving under the influence of alcohol or drugs or of reckless driving; and/or
(6) Within seven years of the date the application was filed, the applicant was convicted of any of the following crimes, or of an attempt or conspiracy to commit any of the following crimes, as defined in the California Penal Code, and such conviction indicates that the applicant may pose a danger to the public if granted a taxicab driver permit: murder, mayhem, kidnapping, robbery, assault with intent to commit a felony, assault, battery, rape, arson, burglary, possession of burglarious instruments or deadly weapons, or any crime for which the applicant is required to register as a sex offender pursuant to Cal. Penal Code, Section 290.
(`64 Code, Sec. 30-6) (Ord. No. 2468, 2493, 2954)
(A) The license collector shall give written notice to the applicant for a taxicab driver permit or a taxicab operator permit that the application is granted or denied. If the application is granted, the license collector shall enclose with such notice a taxicab driver permit or a taxicab operator permit issued to the applicant.
(B) A taxicab driver permit shall include the name of the permittee, the name of the employer, a statement that the permit is subject to the conditions imposed by section 11-269, and the requirement that the permittee return the permit to the license collector upon termination of the permittee's employment. A photograph of the applicant shall be attached to the permit.
(C) A taxicab operator permit shall include the name of the permittee and a statement that the permit is subject to the conditions imposed by section 11-268.
(D) If the application is denied, the license collector shall include in such notice a statement of the grounds on which the application is denied.
(`64 Code, Sec. 30-7) (Ord. No. 2468, 2954)
(A) (1) The applicant for a taxicab driver permit or a taxicab operator permit may request a hearing if the applicant receives written notice that the application is denied.
(2) The request for hearing must be received by the license collector within 14 days after the license collector mailed the notice of denial to the applicant.
(B) An applicant's request for hearing shall be in writing, shall attach a copy of the notice of denial, and shall state the reasons that the applicant alleges the notice to be incorrect.
(C) An applicant's request for hearing shall be accompanied by the hearing fee set by resolution of the city council.
(`64 Code, Sec. 30-8) (Ord. No. 2468, 2954)
Every person or entity issued a taxicab operator permit shall:
(A) Display on the exterior of each taxicab the name or trademark of the person under whose authority the taxicab is being operated or the name of the lessor or lessee thereof;
(B) Display in the interior of each taxicab the sign required by Cal. Vehicle Code, Section 27908;
(C) Display the schedule of rates and charges in a conspicuous place in each taxicab. visible to all passengers, together with the name, business address, and telephone number of the taxicab operator;
(D) Calculate taxicab fares on an accurate meter approved and inspected by the county weights and measures officer;
(E) Collect from taxicab passengers only the amounts displayed on the schedule of rates and charges, plus any tip that the passenger offers;
(F) Obtain for each taxicab and keep in force during the term of the permit, public liability and bodily injury insurance, issued by a California admitted insurance carrier or an insurance carrier with an A.M. Best rating of A-VII or better. The insurance policy shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 15 days' prior written notice to the license collector. The insurance policy shall insure the operator and shall name the city as an additional insured of such taxicab against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such taxicab, or from violation of this article or of any other law of the state or the United States. The insurance policy shall be in the sum of not less than $500,000 combined single limit for personal injury and property damage for each taxicab in any one accident. The risk manager may authorize the license collector to accept insurance that does not meet the foregoing criteria or require insurance that exceeds the foregoing criteria if the risk manager determines that such insurance will provide adequate protection, based on, but not limited to, factors such as whether the applicant belongs to a risk retention group satisfactory to the risk manager; whether the applicant's operating risks are less than or more than standard risks; and whether the required insurance is reasonably available to a qualified applicant;
(G) Obtain and keep in force during the term of the permit, workers' compensation insurance covering all employees of the permittee;
(H) Maintain each taxicab in good repair and in a clean and sanitary condition;
(I) Notify the license collector immediately when any vehicle not described in the application for the permit is placed in service as a taxicab and submit the information about the vehicle and the certificate of inspection required by the application form;
(J) Notify the license collector immediately on termination of a taxicab driver's employment;
(K) Require that each taxicab driver have a valid California driver's license and a valid city taxicab driver permit;
(L) Comply with any other reasonable conditions imposed by the license collector or the police chief;
(M) A taxicab operator shall participate in the pull-notice program pursuant to Cal. Vehicle Code, Section 1808.1 to regularly check the driving records of all taxicab drivers;
(N) A taxicab operator shall maintain a safety education and training program in effect for all taxicab drivers, whether employees or independent contractors; and
(O) A taxicab operator shall maintain a disabled access education and training program to instruct its taxicab drivers on compliance with the federal Americans with Disabilities Act of 1990, and amendments thereto, and state disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or who has a service animal.
(`64 Code, Sec. 30-9) (Ord. No. 2468, 2628, 2954)
Every person to whom a taxicab driver permit is issued shall:
(A) Display the permit in the taxicab in a place conspicuous from the passenger area;
(B) If the taxicab driver is self-employed, comply with all the conditions of a taxicab operator's permit set forth in subsections (A) through (F), (H), and (I) of section 11-268;
(C) Return the permit to the license collector immediately on termination of employment or self-employment as a taxicab driver; and
(D) Comply with any other reasonable condition imposed by the license collector or the police chief.
(`64 Code, Sec. 30-10) (Ord. No. 2468, 2954)
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