(A) (1) It shall be unlawful for any person to operate a taxicab on the streets, alleys or highways of the town until the Board of Commissioners shall establish that the public convenience and necessity will be served by the operation of the taxicab.
(2) An application for consideration shall be filed with the Chief of Police and shall contain the following: full name and address of the owners, the place of business from which it will be operated and other information as the Chief of Police or the Board of Commissioners may direct.
(B) (1) The Chief of Police shall make investigations as to the fitness of the applicant to operate a taxicab.
(2) If the results of the investigations are favorable to the applicant, he or she shall submit the application to the Board of Commissioners or its designee.
(3) The burden of proof shall be upon the applicant to establish the existence of convenience and necessity to be served by the taxicab.
(C) In determining whether or not public convenience and necessity requires or will be promoted by the operation of the taxicab, the Board of Commissioners shall among other things take into consideration the following factors:
(1) Whether or not the public convenience and necessity requires the proposed or additional taxicab service within the town;
(2) The financial responsibility of the applicant and the likelihood of the proposed service being permanent, responsible and satisfactory;
(3) The number and condition of equipment;
(4) The schedule of proposed rates to be charged;
(5) The number of taxicabs now operated and the demand for increased service, if any and whether or not the safe use of the streets by the public, both vehicular and pedestrian, will be preserved and whether or not adequate provision has been made for off-street parking of the taxicabs;
(6) The experience of the applicant in the taxicab business;
(7) The location and method of dispatch; and
(8) Other relative facts as may be deemed necessary and advisable.
(D) If, after the investigations, the Board of Commissioners is of the opinion that the applicant is a suitable person to operate the taxicab and will use due diligence in safeguarding and protecting its passengers and the interest of the public will be promoted by permitting its operation, the application shall be approved and the Chief of Police shall issue to the applicant an owner’s permit which constitutes a certificate of convenience and necessity.
(E) The Board of Commissioners shall have the power and it shall be its duty to order certain certificates issued or to refuse to issue certain certificates or to issue certificates for a partial exercise only of the privileges sought and may attach to the exercise of the rights granted only by the certificates the terms and conditions as in their judgment the public convenience and necessity may require.
(F) If the Board of Commissioners is of the opinion either that the applicant is not a suitable person to engage in the business of operating taxicabs in the town or that the public convenience and necessity does not require and will not be promoted by the licensing of an additional taxicab, the application shall be denied and one or more of the following factors shall be deemed sufficient grounds:
(1) Failure of the applicant (owner) to comply with all the provisions of this chapter;
(2) Unpaid or unbonded judgements of record against the applicant (owner);
(3) The applicant, from a standpoint of experience and financial responsibility, is not sufficiently qualified and able to render satisfactory taxicab service to the public as the public safety, convenience and welfare requires;
(4) (a) The criminal record of the applicant, if any, is such that it would be against the public interest and welfare for the application to be granted; and
(b) In addition to felony convictions, misdemeanors of a serious nature may be considered.
(5) The applicant has made false or misleading statements in his or her application; and/or
(6) Habitual violation of traffic laws or ordinances.
(G) The Board of Commissioners may refuse to issue an owner’s permit to any person who has been convicted of a felony or of a violation of any federal or state statute relating to the use, possession or sale of intoxicating liquors or of any federal or state statute relating to the use, possession or sale of habit-forming drugs; or to any person who is an habitual user of intoxicating liquors or narcotic drugs.
(H) The applicant shall be notified when the application will be considered by the Board of Commissioners and given an opportunity to attend and be heard.
(1) If approved, the applicant shall be granted 60 days from the date of approval to obtain a vehicle to be used in the exercise of the permit, certificates of insurance as required by § 115.21 and a permanent means of 24-hour radio dispatch.
(2) Proof that the above requirements have been met shall be submitted to the Chief of Police or his or her designee within the 60-day period.
(3) The applicant shall submit, for approval, information on the vehicle to be used.
(4) The Chief of Police or his or her designee, shall have the authority to approve the vehicle after considering age, type, mechanical condition, appearance and general suitability of the vehicle to be used as a taxicab.
(I) (1) The applicant may appeal disapproval of a vehicle to the Board of Commissioners for review within 30 days of the disapproval.
(2) Any appeal shall be in writing and set forth in the reasons for the appeal.
(J) (1) It shall be unlawful for any person to operate a limousine on the streets or highways of the town until he or she shall have obtained a certificate for its operation approved by the Board of Commissioners.
(2) An application shall be filed with the Chief of Police and shall contain the following: full name and address of the owner(s), the place of business from which it will be operated and documentation of the attainment of public liability and property damage insurance.
(3) If the Chief of Police determines that the applicant is a suitable person to operate the limousine and will use due diligence in safeguarding and protecting its passengers and the interest of the public will be promoted by permitting its operation, he or she shall recommend to the Board of Commissioners issuance of the limousine certificate.
(4) Factors listed in the foregoing portions of this section shall be considered in making this determination.
(K) The issuance of an owner’s permit shall constitute a franchise from the town subject to the provisions of this chapter for one year ending on December 31 of each year, unless a shorter period of time is specified.
(L) Applications for renewal shall constitute surrender of the permit.
(M) (1) A limousine certificate shall be valid for one year ending December 31 of each year.
(2) Applications for renewal shall be filed annually prior to January 31.
(N) Permits are not transferable.
(O) In the event that a taxicab owner dies or becomes permanently disabled, the Board of Commissioners may give priority consideration to the spouse of the owner for re-issue of the permit, dependent upon family circumstances.
(Ord. O-1-5-93, passed - -) Penalty, see § 10.99