As used in this chapter:
(A) “Alcoholic Beverage” means a spirituous, vinous, malt, or other fermented or distilled liquid, whatever the origin, that is intended for human consumption as a beverage and that contains one-half of one percent (0.5%) or more of alcohol by volume, whether produced commercially or privately.
(B) “Bus” means a motor vehicle designed to carry more than fifteen (15) passengers, including the driver, used to transport passengers for a fee, whether furnished pursuant to a lease agreement, rental agreement, or any other kind of agreement, however communicated, excluding vehicles used solely to transport children to and from school.
(C) “City Clerk” or “Clerk” means the Unalaska City Clerk or their designee.
(D) “City Manager” or “Manager” means the Unalaska City Manager or their designee.
(E) “Cruise” means to drive on rights-of-way or on other public areas in search of a passenger for hire or with intent of communicating availability of the vehicle for hire by a passenger or passengers to whom the operator was not previously dispatched.
(F) “Department of Public Safety” or “Department” means the Unalaska Department of Public Safety.
(G) “Director of Department of Public Safety” or “Director” means the Chief of Police or his or her designee.
(H) “Good moral reputation and character” means the absence of acts or conduct which would cause a reasonable person to have substantial doubts about an individual's honesty, fairness and respect for the rights of others and the laws of the City, of the state, or of the nation. For purposes of this standard, a determination of lack of “good moral reputation and character” is not restricted to acts reflecting moral turpitude, but may be based on considerations of all aspects of a person's character, including arrests or criminal charges, whether or not resulting in a criminal conviction. Conduct indicating a lack of good moral reputation and character includes, but is not limited to:
(1) Conduct in violation of law;
(2) Poor driving history, including but not limited to violation any of the following:
(a) Failure to abide by the rules of the road resulting in the accrual of points sufficient to support license revocation of a state drivers’ license or resulting in criminal charges;
(b) Failure to maintain a vehicle in safe driving condition in compliance with the laws of the State of Alaska whether or not actually charged as a violation by law enforcement officials;
(c) Failure to procure and maintain liability insurance; or,
(d) Prior driver’s license revocation for any reason in the past ten (10) years.
(3) Acts involving fraud, dishonesty, deceit or misrepresentation;
(4) Illegal use, purchase, transportation, cultivation, manufacture or sale of any “controlled substance” or “imitation controlled substance” as those terms are used in AS 11.71.010 - 11.71.900 and AS 11.73.010 - 11.73.099; and
(5) Engaging in any conduct proscribed in AS 11.41, AS 11.51.130, AS 11.61.125, AS 11.66.100 - 11.66.150, and AS 11.66.200 - 11.66.280, or engaging in any conduct which has elements similar to such conduct.
(I) “Knowingly” has the same meaning as in AS 11.81.900(2).
(J) “Meter” means an instrument or device by which the charge for hire of such taxicab is measured or calculated electronically, mechanically or by a combination of electronic and mechanical means, calculated for the distance traveled by such vehicle and for time waiting at the direction of the fare, and upon which such charges shall be indicated by means of figures;
(K) “Permit holder” means the person or persons who successfully applies for a taxicab permit which is issued by the City and who owns or controls a vehicle to which the City has assigned a taxicab permit.
(L) “Person” means any natural person or any corporation, limited liability company, partnership, limited partnership, or any other legal entity.
(M) “Qualified Mechanic” means a person licensed to conduct business as a vehicle mechanic by the City of Unalaska and by the State of Alaska and who keeps regular business hours at a permanent location within the City.
(N) “Reasonable grounds to believe” means facts and circumstances known to a person that would cause a person of reasonable prudence to believe a fact or circumstance is true.
(O) “Substantial damage” means damage that a reasonably prudent person would expect to adversely affect passenger safety or comfort of passengers. “Substantial damage” includes, but is not limited to, damage to the vehicle such that the vehicle can reasonably be said to be unsafe pursuant to 13 AAC 04.007 or AS Title 28.
(P) “Taxicab” or “Vehicle-for-Hire” means a motor vehicle regularly employing a seating capacity of fifteen (15) persons or less, including the driver, used to transport passengers for a fee whether furnished pursuant to a lease agreement, rental agreement or any other kind of agreement, however communicated. The seating capacity of a taxicab or vehicle-for-hire is limited to the number of manufacturer's installed seat belts. Notwithstanding the foregoing, the term “taxicab” or “vehicle for hire” shall not include motor vehicles, without a taximeter, used to provide passengers a sightseeing experience or used incident to an organized tourist excursion.
(Am. Ord. 2003-14, passed 10-28-03; Am. Ord. 2005-15, passed 7-26-05; Am. Ord. 2006-15, passed 9-12-06; Am. Ord. 2018-11, passed 12-11-18)