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(A) Every person or owner desiring to operate a taxicab or taxicabs within the limits of the town shall file an application for a certificate of convenience and necessity, and shall furnish the following information:
(1) The name and address of the proposed owner. If the proposed operation is to be financed wholly or partly by means of borrowed money or capital in any form furnished by any person other than the owner, the name and address of the person lending the money or furnishing the capital shall be disclosed on the application. If the owner, or a part owner, is a corporation, limited liability company or partnership, then the officers, managers or partners shall be named in the application, along with the names and addresses of owners of 20% or more of the stock or ownership interest, and a copy of the articles of incorporation, operating agreement or partnership agreement, if any, shall be included with the application.
(2) Evidence of the financial ability and responsibility of the applicant;
(3) The number and kind of vehicles owned or expected to be owned, and the character and location of the depots and terminals to be used;
(4) The experience of the applicant in the transportation of passengers for hire, including any previous ownership of or driving of vehicles for hire. The applicant shall furnish any information about previous taxicab driver's permits or certificates of convenience and necessity held, and any revocations, suspensions, or other disciplinary actions pertaining thereto;
(5) Any facts upon which the applicant believes public convenience and necessity require the granting of his or her application; and
(6) Any other information requested by the Town Council.
(B) Application for a certificate may be filed at any time with the Town Clerk. The application shall be submitted along with a fee to defray the cost of investigation and processing, as set out in the fee schedule approved by the Town Council.
(Ord. passed 2-1-99)
The Town Council shall conduct an initial hearing on or before June 7, 1999, for the purpose of determining the number of taxicabs for which certificates shall be issued for the remainder of 1999. The number of taxicabs for which certificates shall be issued shall be a maximum of two until such time as a certificate is issued. Thereafter, the Town Council shall conduct a hearing each year between November 1 and December 15 for the purpose of determining the number of taxicabs for which certificates shall be issued during the next calendar year. Such hearing shall be public, after notice has been given by mail to all holders of certificates and applicants for certificates at the addresses shown on their certificate or application, and by publication of such notice in a newspaper of general circulation in the town at least once and not less than ten days prior to the hearing. A special hearing upon any application may be held at any time by order of the Town Council upon like notice. Any hearing may be continued to a fixed time or from time to time without further notice, but announcement thereof shall be made at the time and place fixed for the hearing to be continued.
(Ord. passed 2-1-99; Am. Ord. 4-1-2002)
At the annual meeting prescribed in § 112.32, the Town Council shall determine the total number of taxicabs the public convenience and necessity require for the town. If the Town Council shall determine that certificates are outstanding in excess of the number of taxicabs required, it shall order the number reduced, and the reduction shall be distributed pro rata, as nearly as practicable, between the holders of certificates then outstanding. If the Town Council determines that the public convenience and necessity requires that certificates be issued for an additional number of taxicabs, the Town Council shall have the power to grant certificates reflecting the increase to one or more new applicants, to one or more existing owners, or to both, with full discretion, as the Town Council determines is required by the public safety, welfare, convenience and necessity.
(Ord. passed 2-1-99)
The Town Council shall determine whether the public convenience and necessity require the operation of the taxicabs for which the application has been filed, and in determining whether the public convenience and necessity require the franchising of the taxicabs, the Town Council shall take into consideration the following factors:
(A) The adequacy of existing taxicab service and other forms of transportation for passengers already in existence;
(B) The probable permanence of, public satisfaction with, efficiency of and quality of services offered by the applicant;
(C) The financial ability, character and responsibility of the applicant;
(D) The number, condition and kind of vehicles, and the character and location of the depots and terminals to be used;
(E) The experience of the applicant in the transportation of passengers for hire in automobiles, along with the history of the applicant’s compliance with applicable ordinances, regulations and statutes pertaining to the transportation of passengers for hire in automobiles;
(F) 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 taxicab; and
(G) Any other facts as may be deemed relevant by the Town Council.
(Ord. passed 2-1-99)
The burden of proof shall be upon the applicant to establish the existence of public convenience and necessity for the operation of the taxicabs designated in his or her application, and to establish all other facts required for granting the application.
(Ord. passed 2-1-99)
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