Section
6.01 Definitions
6.02 Applications
6.03 Action on application, transfer, termination and duplicate license
6.04 Fixing license fees
6.05 Carrying or posting
6.06 Penalty for property owner
6.07 Responsibility of licensee
6.08 Conditional licenses
6.09 Renewal of licenses
6.10 Insurance requirements
6.11 License denial and fixing rates - hearing
6.12 through 6.29 Reserved for nature expansion
6.30 Dances
6.31 Shows
6.32 Bowling alleys
6.33 Tobacco
6.34 Peddlers and solicitors
6.35 Garbage and refuse haulers
6.36 Kennels
6.37 Used metal dealer
6.38 Adult service establishments
6.39 Pawnbrokers
6.40 Second-hand goods dealers
6.41 Tear gas and electronic incapacitation device dealers
6.42 Lodging tax
6.43 Taxi license restrictions and regulations
6.44 Transportation Network Companies
6.45 Massage therapy establishments
6.46 Fire certificates of occupancy
6.47 through 6.98 Reserved for future expansion
6.99 Violation a misdemeanor
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACTIVE ON THE TRANSPORTATION NETWORK COMPANY (TNC) DISPATCH SYSTEM.
Includes, but is not limited to:
(1) Whenever a TNC driver is logged onto a TNC’s digital network and shown as available for pickup and transport of passengers;
(2) When a TNC driver has accepted a ride request and is enroute to pick up a TNC passenger; and
(3) Whenever a TNC passenger is in a TNC vehicle.
AMBULANCE. A motor vehicle which is designed and intended to be used for providing transportation of a wounded, injured, sick, invalid or incapacitated human being, or an expectant mother.
AMBULANCE SERVICE. The transportation by ambulance for a wounded, injured, sick, invalid,
or incapacitated human being, or an expectant mother, which is regularly offered or provided to the public by any person.
APPLICANT. Any person making an application for a license under this chapter.
APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant at his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.
BOND. A corporate surety document in the form and with the provisions acceptable and specifically approved by the City Attorney.
BUSINESS. Any activity, occupation, sale of goods or services, or transaction that is either licensed or regulated, or both licensed and regulated, by the terms and conditions of this chapter.
FOR HIRE. For remuneration, compensation or consideration of any kind promised, paid, or given to or received by a person for the transportation of persons.
LICENSE. A document issued by the city to an applicant permitting him or her to carry on and transact a business.
LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on a business.
LICENSEE. An applicant who, pursuant to his or her application, holds a valid, current, unexpired and unrevoked license from the city for carrying on a business.
LIMOUSINE SERVICE. The transportation of passengers for hire in a luxury passenger automobile that is not a van or station wagon and has a seating capacity of not more than 15 persons, excluding the driver, that is not provided on a regular route, that provides only prearranged pickup, and that charges more than a taxicab fare for a comparable trip.
MOTOR VEHICLE ON STREET OR HIGHWAY. As defined in § 7.13 of this code.
PREARRANGED RIDE. Transportation provided by a TNC driver to a TNC passenger beginning when the driver accepts a ride requested by the passenger through the TNC’s digital network and ending at the time the last requesting passenger departs from the TNC vehicle. The term does not include a shared expense carpool or vanpool arrangement or service; or transportation provided using a taxicab, limousine or other for-hire vehicle.
SALE, SELL and SOLD. All forms of and all manner or means of furnishing merchandise to persons.
TAXICAB. Any motor vehicle having a seating capacity of no more than seven persons, including the driver, used for the purpose of transporting any passengers for hire over and upon any street or highway in the city, except any of the following:
(1) Any motor carrier of passengers which is operated under a permit from the Department of Transportation of the state or special transportation service provider certified by the Department of Transportation of the state pursuant to M.S. §§ 174.29 et seq., as they may be amended from time to time, and using a driver who is qualified pursuant to Minnesota Rules Ch. 8840, as it may be amended from time to time, when transporting a person requiring an accessible vehicle for any purpose;
(2) Any ambulance, used for providing ambulance service and which is operated under authority of a license issued by the State Board of Health;
(3) Any motor vehicle operated by the Duluth Transit Authority under authority of M.S. Ch. 720, as it may be amended from time to time;
(4) Any limousine service as defined herein;
(5) A transportation vehicle operated by a federal, state, county, municipal or school district governmental unit in conjunction with a program sponsored or run by such governmental unit;
(6) Any motor vehicle providing transportation services to a federal, state, county, municipal or school district governmental unit pursuant to a written, extended term, contract between said transportation provider and the governmental unit;
(7) Any motor vehicle used for recreational or sightseeing rides under a license issued pursuant to § 6.43 of this chapter; and
(8) Any transportation network company endorsed vehicle or Transportation Network Company (TNC) vehicle providing prearranged rides under a license issued pursuant to § 6.44.
TRANSPORTATION NETWORK COMPANY or TNC. A corporation, partnership, sole proprietorship, or other entity operating in this state that uses a TNC digital network to connect a TNC passenger to a TNC driver for a prearranged ride. The term does not include an entity arranging nonemergency medical transportation under a contract with the state or a managed care organization for individuals qualifying for Medicaid or Medicare.
TRANSPORTATION NETWORK COMPANY AGENT. The person or persons authorized and designated by a TNC to:
(1) Receive service of process;
(2) File applications, rates, payments or charges on behalf of the TNC;
(3) Receive and accept all correspondence and notices from the city pertaining to the city, the TNC or any TNC driver operating within the city; and
(4) Forward any correspondence, notices or legal process received by the TNC and intended for any TNC driver operating within the city.
TRANSPORTATION NETWORK COMPANY DIGITAL NETWORK or DIGITAL NETWORK. Any online-enabled application, website, or system offered or used by a transportation network company that enables a prearranged ride with a TNC driver.
TRANSPORTATION NETWORK COMPANY ENDORSED DRIVER or TNC DRIVER. An individual:
(1) Screened and authorized by a TNC; and
(2) Satisfying all applicable requirements of this chapter to supply prearranged rides to TNC passengers using a personally owned, leased, or otherwise authorized for use TNC vehicle.
TRANSPORTATION NETWORK COMPANY PASSENGER or TNC PASSENGER. An individual using a TNC’s digital network to request and receive transportation via an authorized TNC vehicle.
TRANSPORTATION NETWORK COMPANY ENDORSED VEHICLE or TNC VEHICLE. A privately owned, leased, or otherwise authorized for use vehicle that satisfies all applicable requirements of this chapter, that is authorized by a TNC to supply prearranged rides to TNC passengers, and that is not a taxicab, limousine, or similar for-hire vehicle.
All applications shall be made as follows.
(A) All applications shall be made at the office of the City Clerk upon forms that have been furnished by the city for such purposes.
(B) Unless otherwise provided for in this chapter, all applications must be subscribed, sworn to, and include information as the Council shall deem necessary considering the nature of the business for which license application is made.
(C) It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in the application, or any willful omission to state any information called for on the application form, shall, upon discovery of the falsehood, work an automatic refusal of license or, if already issued, shall render any license or permit issued pursuant thereto, void and of no effect to protect the applicant from prosecution for violation of this chapter, or any part hereof.
(D) The City Clerk shall, upon receipt of each application completed in accordance herewith, forthwith investigate the truth of statements made therein and the moral character and business reputation of each applicant for license to the extent as he or she deems necessary. For the investigation, the City Clerk may enlist the aid of the Chief of Police. The Council shall not consider an application before such investigation has been completed.
(E) Applications for renewal licenses may be made in such abbreviated form as the Council may, by resolution, adopt.
(A) Granting. The Council may grant any application for the period of the remainder of the then current calendar year or for the entire ensuing license year. Failure to pay any portion of a fee when due shall be cause for revocation. No license fee shall be refundable upon revocation or voluntarily ceasing to carry on the licensed activity. All applications, including proposed license periods, must be consistent with this chapter.
(B) Issuing. If an application is approved, the City Clerk shall forthwith issue a license pursuant thereto in the form prescribed by the Council, payment of the appropriate license fee and approval of the bond or insurance as to form and surety or earner, if required. All licenses shall be on a calendar year basis unless otherwise specified herein as to particular businesses. Unless otherwise herein specified, license fees shall be prorated on the basis of one-twelfth for each calendar month or part thereof remaining in the then current license year; provided that, for licenses where the fee is less than $100, a minimum license fee equal to one-half of the annual license fee shall be charged. Except as to licenses which are specifically city-wide, licenses shall be valid only at one location and on the premises therein described.
(C) Transfer. A license shall be transferable between persons upon consent of the Council and payment of the investigation fee. No license shall be transferable to a different location without prior consent of the Council and upon payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this division (C).
(D) Termination. Licenses shall terminate only by expiration or revocation.
(E) Refusal and revocation. The Council may, for any reasonable cause, refuse to grant any application or revoke any license. No license shall be granted to a person of questionable moral character or business reputation. Before revocation of any license, the Council shall give notice to the licensee and grant the licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for the hearing. Grounds for revocation may be, but are not limited to, any of the following:
(1) The licensee suffered or permitted illegal acts upon licensed premises;
(2) The licensee had knowledge of the illegal acts, but failed to report the same to police;
(3) The licensee failed or refused to cooperate fully with police in investigating the alleged illegal acts; or
(4) The activities of the licensee created a serious danger to public health, safety or welfare.
(F) Duplicate license. Duplicates of all original licenses may be issued by the City Clerk, without action by the Council, upon licensee’s affidavit that the original has been lost and upon payment of a fee of $2 for issuance of the duplicate. All duplicate licenses shall be clearly marked “DUPLICATE”.
(A) Except as otherwise herein provided, all fees for licenses, late fee penalties and investigation of applicants under this chapter shall be fixed and determined by the Council, adopted by resolution and uniformly enforced. The license fees may, from time to time, be amended by the Council by resolution. A copy of the resolution setting forth currently effective license fees shall be kept on file in the office of the City Clerk, and open to inspection during regular business hours.
(B) For the purpose of fixing the fees, the Council may subdivide and categorize licenses under a specific license requirement; provided that, any such subdivision or categorization shall be included in the resolution authorized by this section.
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