(a) Every applicant for a taxicab driver permit shall first take, and pass with negative results, a controlled substance and alcohol test in accordance with Government Code Section 53075.5(b)(3) (as it may be amended from time to time). The results from a controlled substance and alcohol test for an applicant who is a self-employed independent driver shall be reported directly to the Chief of Police and shall be made part of the application. The Chief of Police shall notify the taxicab company of record of any positive results. In all other cases, the results shall be reported directly to the employing taxicab company, who shall be required to immediately notify the Chief of Police of positive results. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
(b) Testing procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver's licenses at the time and place of testing, and except as provided otherwise in Government Code Section 53075.5(b)(3).
(c) The controlled substance and alcohol test shall be taken no more than thirty (30) days before the date the application is filed for a new permit. As long as any taxicab driver permit is used or in effect, such tests shall be retaken on a periodic basis of at least once a year.
(d) A test in one (1) jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction in accordance with Government Code Section 53075.5(b)(3).
(e) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing taxicab companies shall be responsible for compliance with, and shall pay all costs of this program with respect to their employees and potential employees, except that a taxicab company may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.
(f) Upon the request of a taxicab driver applying for a permit, the City shall give the taxicab driver a list of proximate consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
(g) Confidential. The test results are confidential and shall not be released without the consent of the tested driver, except as authorized or required by law.
(h) Limited use of results. No evidence derived from a positive test result pursuant to this section shall be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
(Part 2, Ord. 1653-NS, eff. January 1, 2019)