Any person desiring to obtain or to renew an owner's operating permit to operate a taxicab service shall complete an application in the form provided by the city and submit the application to the chief. Each application shall be accompanied by a fee in the amount established by resolution of the city council. An incomplete application shall be returned to the applicant within ten (10) business days along with written reasons on why the application has been deemed incomplete. The application will be deemed abandoned if, within fourteen (14) business days following the mailing of a notice of incomplete application, an amended application correcting all identified deficiencies is not received by the city.
The following information is required in an application:
A. The legal names, mailing and street addresses, and telephone numbers of the applicant, and all owners, directors, officers and employees of the proposed taxicab service. If the taxicab service is advertised to the public and operates under a name other than the legal name of the applicant, that name shall also be included. The application shall include all fictitious business names used by the applicant in San Bernardino County in the five (5) years preceding the calendar year in which the application is made. A post office box, mailbox, message service or other similar device shall not be used as the applicant's street address, but is acceptable as a mailing address.
1. Corporate Applicants: The corporate name shall be exactly as set forth in the corporation's articles of incorporation. The names, mailing and street addresses, and telephone numbers of all directors, every shareholder holding ten percent (10%) or more of the shares of the corporation, corporate officers and the designated agent for service of legal process shall be included. A corporate applicant shall also provide a certificate of domestic stock ownership and a current certificate of good standing issued by the California secretary of state.
2. Partnership Applicants: The names, mailing and street addresses, and telephone numbers of each general partner shall be stated. If one or more of the general partners is a corporation, the provisions of this section pertaining to a corporate applicant shall also apply. The name, mailing and street addresses, and telephone number of a person authorized to accept service of legal process shall also be included.
3. Other Businesses: If the applicant is a cooperative, member stock type operation, service organization, or association, the application shall include the names, mailing and street addresses, and telephone number of each officer, director and each shareholder owning any share or portion of any share in the organization or association. The name, mailing and street address, and telephone number of a person authorized to accept service of legal process shall also be included.
4. Sole Proprietorships: The name, mailing and street addresses and telephone number of the owner and any person authorized to accept service of legal process shall be included.
B. The street addresses from which the applicant conducts or will conduct the taxicab service, where dispatch will be conducted, and each location at which the business' vehicles will be garaged.
C. The number of taxicabs to be operated under the permit and the number of taxicabs in the applicant's fleet.
D. The manufacturer, model year, vehicle type, vehicle identification number ("VIN"), license plate number, company identification number, passenger capacity and proof of commercial registration for each vehicle to be operated in the city, together with evidence satisfactory to the chief that each taxicab proposed to be operated under the permit has been safety inspected and otherwise complies in all respects with all applicable laws, rules, and regulations.
E. The proposed color scheme, insignia or other distinguishing characteristics of the taxicab, including the style and legend of any illuminated sign to be mounted on the top of the vehicle.
F. Proof that the applicant maintains insurance meeting the following requirements:
1. Separate commercial automobile liability insurance for each vehicle proposed to be operated within the city pursuant to the owner's operating permit, with at least the following limits of liability:
a. Primary bodily injury and primary property damage with limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate.
2. The applicant shall be required to have worker's compensation and employer's liability insurance in force throughout the duration of the permit of at least one million dollars ($1,000,000.00) per occurrence or an amount which meets the statutory requirement with an insurance carrier acceptable to the city.
3. Required insurance shall be issued by companies admitted to do business in California, rated "B+" or better in the most recent edition of Best's key rating guide, and of a financial category class VII or better.
4. The city, and its elected officials, officers and employees (each a "city entity") shall be named as additional insureds under the automobile liability policy. This insurance shall be primary and noncontributing to the city's own policy of insurance or self insurance.
5. Each policy of required insurance shall contain a provision that no termination, cancellation or change of coverage may occur without thirty (30) days' prior written notice to the city.
6. The applicant shall provide certificates of insurance endorsements to risk management prior to issuance of a permit.
G. As a condition of receiving an owner's operating permit, the applicant shall execute a statement agreeing to indemnify, defend and hold harmless the city entities from and against any and all claims, losses, liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from bodily injury, death, personal injury, property damage, loss of use, or property loss, however the same may be caused, and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless shall include, but not be limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or wilful misconduct of the applicant, its officers, employees, agents, joint venturers, subcontractors or vendors. In the event of a dispute between the applicant and the city as to whether liability arises from the sole negligence of a city entity, the applicant shall be obligated to pay for the city entity's defense until a final judgment has been entered adjudicating the city entity as solely negligent. In the event a final judgment is entered adjudicating a city entity as solely negligent, the applicant shall not be entitled to reimbursement of any defense costs, including, but not limited to, attorney fees, expert fees and costs of litigation. This indemnity shall apply regardless of whether the city approved an owner's operating or driver's permit or whether the city inspected or approved any vehicle used in conjunction with a permit.
H. Legal and registered ownership of the vehicles to be used by the applicant.
I. Prior experience of the applicant in a taxicab business, including the details of any prior permit denial, revocation or suspension by any public agency of any type of an owner's operating or driver's permit, license or certificate.
J. The name and address of each driver who will operate a taxicab in the city.
K. An affidavit that no driver currently employed, or an applicant for employment by the owner/operator, has been convicted of driving under the influence of alcohol or drugs within five (5) calendar years preceding the date of application.
L. An affidavit that each driver has satisfied all state training requirements for taxicab drivers.
M. An affidavit that applicant's drivers and dispatchers are proficient in the English language and able to communicate effectively with the public.
N. A description of the required uniform, if any, its drivers will wear.
O. A copy of the owner/operator's vehicle maintenance program, including preventative maintenance. The program shall be in accordance with the vehicle manufacturer's warranty specifications and any applicable state and federal laws.
P. A list of rates to be charged to the public throughout the term of the owner/operator's permit.
Q. Satisfactory evidence establishing that the applicant has complied and currently complies with the provisions of California Government Code section 53075.5(b)(3), or any successor provision, pertaining to preemployment and periodic testing of drivers for controlled substances and alcohol, and with provisions pertaining to payment for drug and alcohol testing programs and related reporting requirements. The applicant shall also provide satisfactory evidence that each driver who will operate a taxicab within the city has tested negative for drugs and alcohol within the previous twelve (12) months.
R. The names, street addresses and telephone numbers of no less than two (2) individuals who may be contacted twenty four (24) hours a day, seven (7) days a week by the city in case of an emergency.
S. An explanation of how the taxicab service will provide service to people with disabilities that make it difficult to use conventional taxicab sedans.
T. A public convenience and necessity proposal containing the following information:
1. A demonstration of the need for additional taxicab service in the city; and
2. The history of the organization and the manner in which it is organized, including, without limitation, the date of formation, the business commencement date(s), and all business locations in California during the five (5) calendar years preceding the year of application.
U. Submission of department of motor vehicles (DMV) pull notice program requester code number, as defined in Vehicle Code section 1808.1, issued to the applicant. As a condition of accepting an owner's operating permit, the owner/operator is required to notify the chief immediately if it receives a DMV pull notice on one of its drivers that would affect that person's driver's permit. In the event a driver's DMV record indicates that a driver no longer qualifies for a driver's permit, the owner/operator shall require the driver to surrender the driver's permit to the chief. DMV pull notice records shall be made available for review by the chief upon request.
V. Submission of records of any convictions in any court of any state of the United States or in any United States court with respect to any of the persons identified in subsection A of this section. (Ord. 2718 § 25, 2009: Ord. 2434 § 1, 2000)