§ 124.016  QUALIFICATIONS FOR TRANSPORTATION NETWORK COMPANY BUSINESS.
   (a)   No street hails. A TNC driver shall not solicit or accept street hails.
   (b)   No cash trips. The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments or other compensation directly from passengers and notify TNC drivers of such policy.  TNC drivers shall not solicit or accept cash payments or other compensation for a fare directly from passengers.  Any payment for TNC services shall be made only electronically using the TNC’s digital network or software application. This provision shall not be construed to prohibit passengers from making a voluntary cash tip payment directly to the TNC driver.
   (c)   Fare collected for services. On behalf of a TNC driver, a TNC may charge a fare for the services provided to passengers; provided that, if a fare is collected from a passenger, the TNC shall disclose to passengers the fare calculation method on its website or within the software application service.  The TNC shall also provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the TNC driver's vehicle.
   (d)   Identification of TNC vehicles and drivers. The TNC's software application or website shall display a picture of the TNC driver, and the license plate number of the motor vehicle utilized for providing the TNC service before the passenger enters the TNC driver's vehicle.
   (e)    Electronic receipt.  Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the passenger on behalf of the TNC driver that lists:
      (1)    The origin and destination of the trip;
      (2)    The total time and distance of the trip; and
      (3)    An itemization of the total fare paid, if any.
   (f)   Records.  A TNC shall maintain the following records:
      (1)    Individual trip records of passenger customers for at least one year from the date each trip was provided; and
      (2)    Individual records of TNC driver customers at least until the one year anniversary of the date on which a TNC driver's customer relationship with the TNC has ended.
   (g)    Record inspection authority.
      (1)   The city has the authority to inspect the records of the TNC as necessary to investigate an alleged crime or violation of this chapter; accident involving a TNC driver; or for other good cause. The TNC shall cooperate with the city to facilitate the exchange of relevant information required in an investigation. The city shall provide advance written notice at least seven days prior to any inspection, which shall be conducted at a mutually agreed upon third-party location, or pursuant to court order, grand jury, or investigative subpoena. 
      (2)   Any record or information made available by the TNC to the city pursuant to this chapter is confidential and proprietary, and shall not be made public without TNC's express written permission. If the city is required to disclose confidential information under court order or other applicable law, the city shall promptly notify the TNC of such requirement, prior to disclosure, and shall make diligent efforts to limit disclosure pursuant to any available basis in South Dakota open records law or other applicable law.
(Ord. 108-15, passed 11-2-2015; Ord. 44-18, passed 5-8-2018)