(a) Any person wishing to obtain a permit to engage in the business of providing e-scooter rental or sharing services within the City shall submit an application to the City Manager in compliance with the process established for awarding permits set forth in the Charter and supplemented herein.
(b) Where appropriate, the City Manager may choose to conduct a request for services to solicit a qualified person or entity seeking a permit in lieu of an application process.
(c) An applicant for a permit shall provide the City with satisfactory evidence demonstrating that:
(1) The applicant has the experience, personnel, equipment, and other resources to provide e-scooter rental or sharing services in the City and the management of such; and
(2) The applicant has the capacity and willingness to comply with all local, state, and federal laws, and all rules and regulations of the City for the rental, sharing, and operation of rental e-scooters.
(d) Applicants for a new permit and applicants for the renewal of an existing permit shall provide information requested by the City Manager and other relevant information. The application and supporting materials shall be submitted under oath. At a minimum, the application shall include the following information:
(1) The name and mailing address of the applicant; contact information for the applicant's designated representative; the name of the person to be granted the permit; if the applicant is a corporation, the names of the corporation's principal officers; the names of the local operating managers who will be responsible for the rental or sharing services for the applicant, together with the business address and telephone number of each manager;
(2) If the applicant is a corporation, proof that the corporation is in good standing in the State of Ohio and, if the applicant is not an Ohio corporation, proof that the applicant is authorized to do business in the State of Ohio. If the applicant is operating under a fictitious name, the applicant shall be required to submit information that such fictitious name is registered and held by the applicant;
(3) A statement of whether the applicant operates or has operated an e-scooter rental or sharing business in Ohio or any other state or territory. If the applicant has provided or is providing e-scooter rental or sharing services, the applicant shall describe all cases where and when it provided such services (but not more than ten (10) communities), and whether any of the applicant's permits, approvals, or licenses to provide such services have ever been revoked or suspended within the last five (5) years;
(4) A complete record of all felony convictions, and all misdemeanor convictions within the last five (5) years, involving the applicant's e-scooter rental and sharing services. If the applicant is not an individual, the applicant also shall provide the complete record of such convictions for any person who is an officer, majority shareholder, or partner in the applicant, and any person having a controlling interest in the applicant;
(5) A complete record of all civil penalties and liquidated damages in excess of five thousand dollars ($5,000.00) assessed against the applicant by local, state, and federal governmental entities within the last five (5) years involving the e-scooter rentals or sharing services;
(6) The types of e-scooters or other vehicles which the applicant has in its inventory and their capabilities, including any e-scooters that are adapted to expand access for people with physical limitations;
(7) Evidence demonstrating the applicant's capacity to satisfy the requirements imposed on person or entity seeking a permit pursuant to Section 775.04;
(8) A list of the e-scooters, vehicles, equipment, and containers that will be used by the applicant to provide e-scooter rental or sharing services. At a minimum, the list shall identify the make, model, and year of each e-scooter or vehicle. The City Manager may inspect any of the e-scooters, vehicles, equipment, and containers identified by the applicant and thereby determine whether the applicant possesses the e-scooters, vehicles, equipment, and containers that are capable of providing safe and efficient e-scooter rental and sharing services in compliance with this chapter; and
(9) A chart identifying the maximum rates that the applicant charges customers for various types of e-scooter rental or sharing services.
(e) When applicable, each applicant shall submit a nonrefundable application fee to the City in the amount established by the City Manager. The application fee is due and payable when the application is submitted. This fee shall not apply to responses to a request for services.
(f) New applications must be submitted to the City Manager at least sixty (60) days before the applicant wishes to begin providing e-scooter rental or sharing services. Renewal applications must be submitted to the City Manager at least thirty (30) days before the applicant's existing permit expires.
(g) A permit for e-scooter rental or sharing services may be granted to a person when the City Manager concludes that the applicant has satisfied the requirements in this chapter. This includes successfully responding to the request for services or completing the application and the City rating the person's proposal or application as most advantageous.
(h) The City Manager retains the sole discretion to approve or deny an application. Among others, an application for a permit for e-scooter rental or sharing services may be denied for the following reasons:
(1) The applicant has not submitted a complete application with all of the required supporting documents or paid the application fee;
(2) The applicant has submitted false or materially misleading statements in the application;
(3) The applicant or a partner, director, or officer of the applicant has been convicted of a felony within the past five (5) years, or has been convicted of a misdemeanor within the past three (3) years, involving provision of scooter rental or sharing services;
(4) The applicant has failed to satisfy one or more of the requirements of this chapter or the Portsmouth Municipal Code;
(5) Any reason that would justify the suspension or revocation of a permit, as described in Section 775.04; and
(6) The addition of further permits would exceed either the total number of allowable e-scooters in the City or the number of permits determined by the City Manager to be needed by the City.
(Ord. 2022-71. Passed 8-8-22.)