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An annual permit may not be transferred to another unless the holder files a written application for the transfer in the manner and containing the information prescribed by the Director, and the transfer application is approved by the City Commission.
(1998 Code, § 126-172) (Ord. 05-19, passed 7-6-2005)
(A) Before an annual permit is granted, the application for the annual permit must be approved by the Chief of Police or his or her designated director. The granting of an annual permit is in the discretion of the Chief of Police or his or her designated director, but it will not be granted unless:
(1) The proposed taxicab service is required by the public convenience and necessity; and
(2) The applicant qualifies for operating authority under § 113.038 of this chapter and is otherwise fit, willing and able to operate the taxicab service in accordance with the requirements of this chapter, rules and regulations of the Chief of Police or his or her designated director, provisions of the franchise or annual permit and other applicable laws.
(B) The holder of an annual permit must provide taxicab service to the entire city with a minimum of three taxicabs.
(C) The holder of an annual permit must provide taxicab service as specified in the permit with a maximum of 25 taxicabs.
(1998 Code, § 126-173) (Ord. 05-19, passed 7-6-2005; Ord. 13-16, passed 6-19-2013)
To qualify for operating authority, an applicant must:
(A) Be at least 19 years of age;
(B) Be currently authorized to work full time in the United States;
(C) Be able to communicate in the English language;
(D) Not have been convicted of a felony offense in the preceding five years or a Class A or B misdemeanor in the preceding two years. For which:
(1) Less than two years have elapsed since the date of conviction, the date of release from confinement imposed for the conviction, or termination of probation whichever is the later date, if the applicant was convicted of a misdemeanor offense; and/or
(2) Less than five years have elapsed since the date of conviction, the date of release from confinement for the conviction, or the termination of probation or parole whichever is the later date, if the applicant was convicted of a felony offense.
(E) Not be a convicted sex offender; and/or
(F) Each applicant must have his or her fingerprints taken by the Police Department of the city at the time of submission of the application.
(1998 Code, § 126-174) (Ord. 05-19, passed 7-6-2005)
(A) To obtain an annual permit, a person shall make application to the Chief of Police or his or her designated director in the manner prescribed by this section. The applicant must be the person who will own, control or operate the proposed taxicab service. An applicant shall file with the Chief of Police or his or her designated director a written, verified application statement, to be accompanied by a non-refundable application fee of $150, containing the following:
(1) The form of business of the applicant and, if the business is a corporation or association, a copy of the documents establishing the business and the name, address and citizenship of each person with a direct interest in the business;
(2) Name, address and verified signature of the applicant;
(3) Income statement and balance sheet showing the assets, liabilities and equity of the business;
(4) A description of any past business experience of the applicant, particularly in providing passenger transportation services, and identification and description of any revocation or suspension of a franchise or permit held by the applicant or business before the date of filing the application;
(5) Number of vehicles and description of the vehicles the applicant proposes to use in the operation of the taxicab service, and a description of the operation of the proposed taxicab service and location of the fixed facilities to be used in the operation;
(6) A description of the proposed insignia and color scheme for the applicant’s taxicabs and a description of the distinctive item of apparel or item placed on the apparel to be worn by the applicant’s taxicab drivers;
(7) Documentary evidence from an insurance company, authorized to do business in the state, indicating a willingness to provide liability insurance as required by this chapter;
(8) Documentary evidence of payment of ad valorem taxes on the property to be used in connection with the operation of the proposed taxicab service;
(9) Proof of a permanent and established place of business within the city, the location of which complies with the city’s Development Code, from which the proposed taxicab service will be operated;
(10) Such additional information as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted; and
(11) Such additional information as the Chief of Police or his or her designated director or City Commission considers necessary to assist or promote the implementation or enforcement of this chapter or the protection of the public safety.
(B) A holder shall notify the Chief of Police or his or her designated director in writing of any change of address or change in ownership or management of a taxicab service not less than ten days prior to the change.
(C) The business administration office of the company providing these services must be kept open from 9:00 a.m. to 5:00 p.m. weekdays, other than recognized holidays, and must be staffed and equipped to receive telephone calls during all business hours.
(1998 Code, § 126-175) (Ord. 05-19, passed 7-6-2005; Ord. 13-16, passed 6-19-2013)
(A) Upon receipt of an application for an annual permit, the Chief of Police or his or her designated director shall conduct an investigation and make findings of fact concerning public convenience and necessity and other relevant factors, including, but not limited to:
(1) The number of taxicabs presently in operation in the city;
(2) The public transportation needs of the city and the adequacy of existing transportation services, including existing holders, to meet those needs;
(3) Whether existing holders can render the proposed additional taxicab service more efficiently or effectively than the applicant;
(4) The effect of the proposed additional taxicab service on traffic conditions, taxicab drivers’ working conditions and wages and existing holders and public mass transportation services; and
(5) The character, experience and fiscal responsibilities of the applicant.
(B) The applicant for an annual permit has the burden of proving that the public convenience and necessity require the proposed taxicab service and that the applicant is qualified and financially able to provide the service proposed in the application.
(C) Within a reasonable time following the date of application, the Chief of Police or his or her designated director shall report in writing his or her findings of fact and recommendation to the chief executive officer for decision as to whether an annual permit should be granted.
(1998 Code, § 126-176) (Ord. 05-19, passed 7-6-2005; Ord. 13-16, passed 6-19-2013)
(A) Amendment. An annual permit is amendable at any time by the Chief of Police or his or her designated director.
(B) Suspension or revocation of permit. The following regulations apply to the suspension or revocation of an annual permit:
(1) The Chief of Police or his or her designated director may suspend or revoke a permit if the Director determines that the holder:
(a) Failed to comply with a correction order issued to the holder by the Chief of Police or his or her designated director, within the time specified in the order;
(b) Intentionally or knowingly impeded the Department or other law enforcement agency in the performance of its duty or execution of its authority;
(c) Failed to comply with this chapter;
(d) Does not qualify for operating authority under § 113.038 of this chapter;
(e) Has been convicted of a violation of another city, state or federal law, which violation reflects unfavorably on the fitness of the holder to perform a public transportation service;
(f) Is under indictment for or has been convicted of any felony offense or a Class A or B misdemeanor while holding taxicab operating authority;
(g) Failed to pay city ad valorem taxes on any property of the holder used directly or indirectly in connection with the taxicab service; and/or
(h) Failed to pay a permit fee at the time it was due.
(2) A suspension of a permit does not affect the expiration date of the permit.
(3) After revocation of a permit, a holder is not eligible for a permit for a period up to two years.
(C) Appeal of suspension. After suspension of a permit, a holder may file an appeal with the Chief of Police. The Chief of Police or his or her designated director shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the Chief of Police or his or her designated director shall submit his or her recommendation, together with supporting facts, to the Chief of Police. The Chief of Police may, as he or she determines appropriate, reinstate the permit or deny reinstatement.
(1998 Code, § 126-181) (Ord. 05-19, passed 7-6-2005; Ord. 13-16, passed 6-19-2013)
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