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§ 124.015 IDENTIFICATION AND VETERINARIAN CERTIFICATE FOR ANIMAL USED TO PULL LIVERY VEHICLES.
   Requirements for equine-type animals used with livery vehicles shall be as follows.
   (a)   Before any animal is brought into service by the license holder, the license holder shall assign a different number to each animal which the license holder intends to use and shall securely fix the number assigned to each animal and the assigned number will remain on the animal to which it is assigned at all times as a positive means of identification which may be safely read at a distance of not less than three feet by a person with normal eyesight without touching the animal, and the number shall be used to identify each animal in all reports required by this section.
   (b)    Before any animal is brought into service by the license holder, the license holder shall have it examined by a licensed veterinarian, who shall certify in writing that the animal is suited for the use intended by the license holder. The certification shall identify the animal by the number provided for in division (a) above, by name, and by physical description. A veterinarian certificate shall be filed with each license application.
(1992 Code, § 43-15) (Ord. 36-83, passed 6-6-1983; Ord. 24-14, passed 4-15-2014)
Cross-reference:
   Animals and fowl, see ch. 90
§ 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)
LICENSE; GENERALLY
§ 124.025 REQUIRED.
   No person shall engage in the business of operating a vehicle for hire upon the streets or act as a driver of any vehicle for hire without a license to do so.
(1957 Rev. Ords., § 8.702; 1992 Code, § 43-21) (Ord. 84-82, passed 8-9-1982)
Cross-reference:
   License fee for vehicles for hire, see § 110.026
§ 124.026 CHAPTER 110 APPLICABLE.
   The provisions of chapter 110, insofar as the provisions may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this subchapter.
(1992 Code, § 43-22) (Ord. 84-82, passed 8-9-1982)
§ 124.027 DETERMINATION OF ENGAGING IN BUSINESS.
   Any person shall be deemed to have engaged in the business of operating a vehicle for hire if he or she keeps or maintains any vehicle for the purpose of engaging in a vehicle for hire business or if he or she accepts or permits any employee to accept any money or other thing of value from any passenger for transportation in a vehicle. Accepting a passenger under the guise that the transportation is purely gratuitous and that no payment of compensation or consideration is required shall not be deemed to remove the transaction from the effect of this subchapter. In any case where the driver or any person in charge of any vehicle does in fact accept any money or other thing of value, even though the money or thing of value is accepted or purported to be accepted as a gift or present or purported gift or present, the gift or present, or the purported gift or present, shall constitute prima facie evidence of an intent to accept compensation or hire for transportation.
(1957 Rev. Ords., § 8.703; 1992 Code, § 43-23) (Ord. 84-82, passed 8-9-1982)
§ 124.028 VEHICLE FOR HIRE APPLICATION.
   Every person desiring a license to engage in a vehicle for hire business in the city shall complete an approved application, which shall include information required by the city. This application will be available in the city's licensing specialist office and shall include the following:
   (a)   Previous experience in a motor vehicle transportation business if applicable;
   (b)   A description of the motor vehicle proposed to be operated, including the seating capacity, the make, model, year, vehicle identification number (VIN), and commercial license plate number; and
   (c)   Any information deemed necessary by the city.
(1957 Rev. Ords., § 8.704; 1992 Code, § 43-24) (Ord. 84-82, passed 8-9-1982; Ord. 140-06, passed 10-16-2006; Ord. 139-08, passed 12-1-2008; Ord. 36-10, passed 4-12-2010; Ord. 24-14, passed 4-15-2014; Ord. 108-15, passed 11-2-2015; Ord. 108-23, passed 11-21-2023)
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