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(a) The Finance Director shall refer to the Chief of Police a completed application for a taxicab driver permit or a taxicab company permit.
(b) After receipt of a report from the Department of Justice and Federal Bureau of Investigation, the Chief of Police shall direct the Finance Director to grant or deny the application for a taxicab driver permit or taxicab company permit. The Chief of Police shall direct the Finance Director to deny the application on any of the following grounds:
(1) The applicant is under the age of eighteen (18) years;
(2) The applicant does not hold a valid, current California driver's license;
(3) The applicant did not submit one (1) or more of the items required by the application form;
(4) The applicant for a taxicab driver permit tested positive for controlled substances and/or alcohol, in violation of the City's controlled substance and alcohol testing certification program;
(5) Within seven (7) years prior to the date the application was filed, the applicant for a taxicab driver permit was convicted of driving under the influence of alcohol or drugs or of reckless driving; and/or
(6) The applicant for a taxicab driver permit or taxicab company permit was convicted of any of the following crimes, or of an attempt or conspiracy to commit any of the following crimes, as defined in the California Penal Code, and such conviction indicates that the applicant may pose a danger to the public if granted a permit: murder, mayhem, kidnapping, robbery, assault with intent to commit a felony, assault, battery, rape, arson, burglary, possession of burglarious instruments or deadly weapons, or any crime for which the applicant is required to register as a sex offender pursuant to California Penal Code, Section 290.
(Part 2, Ord. 1653-NS, eff. January 1, 2019)
(a) The Finance Director shall give written notice to the applicant for a taxicab driver permit or a taxicab company permit that the application is granted or denied.
(b) A taxicab driver permit shall include the name of the permittee, a photograph of the permittee, the name of the employer, a statement that the permit is subject to the conditions imposed by Section 4-2.10 and the requirement that the permittee return the permit to the Finance Director upon termination of the permittee's employment.
(c) A taxicab company permit shall include the name of the permittee and a statement that the permit is subject to the conditions imposed by Section 4-2.09.
(d) If the application is denied, the Finance Director shall include in such notice a statement of the grounds on which the application is denied.
(Part 2, Ord. 1653-NS, eff. January 1, 2019)
Every person or entity issued a taxicab company permit shall:
(a) Display on the exterior of each taxicab the name or trademark of the person under whose authority the taxicab is being operated or the name of the lessor or lessee thereof;
(b) Display on the left hand, bottom corner of the rear window, the City-issued decal for the current calendar year;
(c) Display on both exterior sides, exterior front, and exterior rear of each vehicle the company assigned taxicab number;
(d) Display on both exterior sides and exterior rear of each taxicab the dispatch phone number of the taxicab company;
(e) Permanently affix to each vehicle a top light to easily identify the vehicle as a taxicab;
(f) Display in the interior of each taxicab the sign required by California Vehicle Code, Section 27908;
(g) Adhere to the conditions set forth below in regard to registration of taxicab service fares, fees and rates:
(1) The taxicab company may set fares or charge a flat rate. The taxicab company may use any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code. If fares are calculated by meter, the meter must be sealed, visible to passengers at all times, and currently registered and inspected by a County of Ventura Weights and Measures official;
(2) The taxicab company shall disclose fares, fees, or rates to the customer. A taxicab company may satisfy this requirement by disclosing fares, fees, or rates on its internet web site, mobile telephone application, or telephone orders upon request by the customer;
(3) The taxicab company shall notify the passenger of the applicable rate prior to the passenger accepting the ride for walkup rides and street hails. The rate may be provided on the exterior of the vehicle, within an application of a mobile telephone, device, or other internet-connected device, or be clearly visible in either print or electronic form inside the taxicab;
(4) A taxicab company shall not prejudice, disadvantage, or require different rates or provide different service to a person because of race, national origin, religion, color, ancestry, physical disability, medical condition, occupation, marital status or change in marital status, sex, or any characteristic listed or defined in Section 11135 of the Government Code;
(5) Collect from taxicab passengers only the amounts disclosed to the customer, plus any tip that the passenger offers;
(6) A maximum rate may be established by resolution of the City Council; and
(7) Notify the Finance Director of any changes in rates or fares prior to such change taking effect.
(h) Obtain for each taxicab and keep in force during the term of the permit, public liability and bodily injury insurance, issued by a California admitted insurance carrier or an insurance carrier with an A.M. Best rating of A-VII or better. The insurance policy shall be endorsed to state that coverage may not be suspended, voided, canceled or reduced in coverage or limits without fifteen (15) days' prior written notice to the Finance Director. The insurance policy shall insure the taxicab company and shall name the City as an additional insured of such taxicab against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such taxicab, or from violation of this chapter or of any other law of the state or the United States. The insurance policy shall be in the sum of not less than Three Hundred Thousand and no/100th ($300,000.00) Dollars combined single limit for personal injury and property damage for each taxicab in any one (1) accident. The Risk Manager may authorize the Finance Director to accept insurance that does not meet the foregoing criteria or require insurance that exceeds the foregoing criteria if the Risk Manager determines that such insurance will provide adequate protection, based on, but not limited to, factors such as whether the applicant belongs to a risk retention group satisfactory to the Risk Manager; whether the applicant's operating risks are less than or more than standard risks; and whether the required insurance is reasonably available to a qualified applicant.
(i) Obtain and keep in force during the term of the permit, worker's compensation insurance, covering all employees of the permittee;
(j) Possess a valid city business tax certificate;
(k) Maintain each taxicab in safe operating condition, good repair, clean and sanitary condition, and in compliance with the Vehicle Code;
(l) The taxicab company shall participate in the pull-notice program pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers;
(m) The taxicab company shall maintain a safety education and training program in effect for all taxicab drivers, whether employees or independent contractors;
(n) The taxicab company shall maintain a disabled access education and training program to instruct its taxicab drivers on compliance with the Federal Americans with Disabilities Act of 1990 and amendments thereto, and state disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or who has a service animal;
(o) The taxicab company shall obtain a report no less than every twelve (12) months from the Department of Motor Vehicles for each employed taxicab driver. The employer shall verify that each employee's driver's license has not been suspended or revoked, the employee's traffic violation point count, and whether the employee has been convicted of a violation of California Vehicle Code Sections 23152 or 23153;
(p) A prospective employer of a taxicab driver shall obtain a report showing the taxicab driver's current public record as recorded by the Department of Motor Vehicles. For purposes of this subdivision, a report is current if it was issued less than thirty (30) days prior to the date the employer employs the taxicab driver;
(q) Notify the Finance Director immediately when any vehicle not described in the application for the permit is placed in service as a taxicab and submit the information about the vehicle and the certificate of inspection required by the application form;
(r) Notify the Finance Director immediately on termination of a taxicab driver's employment. Driver's permit shall become void upon termination of employment;
(s) Maintain reasonable financial responsibility to conduct taxicab transportation services;
(t) Require that each taxicab driver have a valid California driver's license and a valid City taxicab driver permit; and
(u) Comply with any other reasonable conditions imposed by the Finance Director or Chief of Police.
(Part 2, Ord. 1653-NS, eff. January 1, 2019)
Every person to whom a taxicab driver permit is issued shall:
(a) Display the driver's photo permit in the taxicab in a place conspicuous from the passenger area;
(b) Take the most direct route possible which will carry the passenger safely and expeditiously to his/her destination;
(c) Grant the person engaging the taxicab exclusive right to the full and complete use of the passenger compartment;
(d) Not allow any person to use or duplicate their permit. If a permit is found to be used by another individual, it shall be considered of a violation of this code, unless previously reported as lost or stolen as indicated Section 4-2.10(e);
(e) Immediately report a lost or stolen permit to the Finance Department;
(f) If the taxicab driver is self-employed, comply with all the conditions of a taxicab company permit set forth in Section 4-2.09;
(g) Return the permit to the Finance Director immediately on termination of employment or self-employment. A taxicab driver permit shall become void upon termination of employment or self-employment; and
(h) Comply with any other reasonable condition imposed by the Finance Director or the Chief of Police.
(Part 2, Ord. 1653-NS, eff. January 1, 2019)
(a) Taxicab driver and taxicab company permits shall continue in effect for the remainder of the calendar year in which they are issued, unless revoked or modified as provided in Section 4-2.12, provided, however, that taxicab driver permits shall automatically become void on termination of employment or self-employment as a taxicab driver. A taxicab driver or taxicab company permit issued in the last quarter of a calendar year shall continue in effect for the remainder of the calendar year in which it is issued, and for the next calendar year, subject to the foregoing provisions regarding revocation, modification and automatically becoming void.
(b) Permittees shall submit to the Finance Director applications to renew taxicab driver and taxicab company permits for following calendar years, together with fees for the renewal and any changes in the information provided in the initial application or a previous renewal application. In addition, an applicant for renewal of a taxicab company permit shall submit a new photograph, evidence that required insurance will be in effect for the new calendar year, a new certificate of inspection for each taxicab, and new trip data documentation. In addition, an applicant for renewal of a taxicab driver permit shall submit proof of a negative test for controlled substances and alcohol as required by the City's controlled substance and alcohol certification program, a new photograph, and provide a document issued by the Department of Motor Vehicles, dated no more than ten (10) days before the application is submitted, showing that the applicant holds a valid, current California driver's license.
(c) The Finance Director shall refer to the Chief of Police completed applications for renewal of taxicab driver and taxicab company permits. The Chief of Police and the Finance Director shall process and grant or deny the applications for renewal as provided in Section 4-2.07. Conditions on renewed permits shall be as provided in Sections 4-2.09 and 4-2.10.
(d) Applications for renewal of taxicab driver and taxicab company permits shall be submitted by December 1 of each year to allow sufficient time for processing before the current permit expires on December 31.
(Part 2, Ord. 1653-NS, eff. January 1, 2019)
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