A. Vehicles covered by this Chapter shall be operated only by the carrier, if a person, or by a person employed by the carrier, or by a person authorized by lease, contract or other arrangement with a carrier to operate a vehicle under such carrier's permit; each such authorized person shall be subject to and comply with all the applicable provisions of this Chapter, and no carrier shall impose upon such person any contractual terms or conditions inconsistent with those set forth in this Chapter. If the applicant is not an employee, the proposed arrangement, contract or lease under which such authority is to be exercised shall be submitted in writing to the Department of Finance and Management Services. The Director of Finance and Management Services shall, after he or she has conducted or caused to be conducted such review and investigation as he or she deems necessary, approve or reject the proposed arrangement, contract or lease and shall communicate his or her decision to the applicant within ten days after the proposed arrangement, contract, or lease has been submitted. If the Director of Finance and Management Services fails to communicate an adverse decision to the applicant within ten days after the proposed arrangement, contract, or lease has been submitted, it shall be deemed rejected. If the Director of Finance and Management Services rejects the proposed arrangement, contract, or lease, the applicant may request in writing a hearing before the City Manager. The request for a hearing shall be submitted to the City Clerk within five days after the decision of the Director of Finance and Management Services has been communicated to the applicant. The Department of Finance and Management Services shall promptly notify the applicant of the time and place of the hearing which shall not be more than thirty days after the request for hearing has been submitted. The hearing shall be conducted informally pursuant to the provisions of section 5.76.070(B) hereof. The decision of the City Manager shall be final. No arrangement, contract or lease shall be approved if any of the terms thereof are not in conformity with the provisions of this Chapter.
B. Such approval may be withdrawn by the City Manager by the mailing of a ten-day notice of intention to the carrier and the driver, subject to the right to request a hearing under the same procedures and standards for the original approval. This provision permitting the withdrawal of approval shall he deemed to be a part of each such arrangement, contract or lease when so approved and neither the carrier nor the driver shall have any legal recourse or right of action arising out of such withdrawal of approval.
C. A person authorized to operate under carrier's permit by arrangement, contract or lease shall be deemed to be an independent contractor and shall obtain a City business license.
(Ord. MC-1625, 2-21-24; Ord. MC-1480, 4-18-18; Ord. 3877, 11-07-79; Ord. 3585, 7-06-76; Ord. 2154, 1-22-57; Ord. 1987, 7-07-53)