6429.3. - APPLICATION.

The application for a permit to operate an automobile for hire or taxicab upon the streets of the City shall be upon forms to be supplied by the City and shall contain the following information:

(1)

Name, age, business address, residence address and citizenship status of the applicant; or if a corporation, its name, date and location of incorporation, and residence address of each of its officers; or if a partnership, association or unincorporated company, the names of the partners, or the persons comprising the association or company, with the place of business and residence of each such partner or person;

(2)

The address to which notice, when required, is to be sent or mailed;

(3)

Whether the applicant was previously engaged in the business for which a permit is requested, and if so, the location and length of time thereof;

(4)

If applicant is a corporation, a copy of the articles of incorporation shall be attached to the application; if a partnership or association, a copy of the partnership or association agreement;

(5)

The number of taxicabs or automobiles for hire to be used in the business of the applicant, and the following information concerning each automobile: copy of insurance certificate in accordance with subsection 6429.3.4, make, model, year, motor number, passenger capacity, state license number, mileage, and detailed statement of condition of tires, brakes, body, upholstery and drivetrain;

(6)

Current validated registration card for all automobiles for hire and taxicabs that will operate under the operator's permit;

(7)

A schedule of rates or fares to be charged for carrying passengers;

(8)

A verified financial statement of the applicant;

(9)

Whether or not any permit has been revoked, suspended or canceled, and if so, the circumstances of such revocation, suspension or cancellation;

(10)

Such further information as the License Officer, or such official of the City to whom the application may be referred, may require.

(Amended by Ord. 2263 adopted 12-1-09)

No operator's permit for the operation of an automobile for hire or taxicab shall be granted or authorized to be issued, until the License Officer determines that the facts and acts specified in the following subsections

exist and have been performed, or that they will exist and will be performed before the privilege sought shall be exercised.

(Amended by Ord. 2263 adopted 12-1-09)

(a)

Public convenience and necessity require the operation of said automobile for hire or taxicab as set forth in said application. The declaration of public convenience and necessity shall not be necessary for:

(1)

The granting of a permit to operate the same number of vehicles or a lesser number, held by the applicant under the same name on the date prescribed for the expiration of permits, and such permits shall be classed as renewals provided they were originally granted in accordance with the provisions of this Article; and

(2)

Limousines as determined by the License Officer upon a showing that the proposed service does not have the characteristics of a taxicab service.

(b)

The License Officer, in declaring whether or not public convenience and necessity exist, may take into consideration all facts as they may deem pertinent and proper, which facts shall include a specific finding that the following conditions exist:

(1)

That the applicant is financially responsible;

(2)

That persons holding permits for the operation of automobiles for hire and taxicabs are, under efficient management, earning a fair and reasonable rate on their capital devoted to such service;

(3)

That persons holding existing permits for the operation of automobiles for hire and taxicabs are, under normal conditions, inadequately serving the public;

(4)

That the applicant is capable of providing safe and prompt taxicab service, twenty-four (24) hours daily;

(5)

That the applicant has presented evidence sufficient to justify operation of a specified number of taxicabs or automobiles for hire in the City of Arcadia.

(Amended by Ord. 2263 adopted 12-1-09)

The color scheme, name, monogram or insignia to be used upon any taxicab of the applicant must not conflict with or imitate any color scheme, name, monogram or insignia used by another person in such manner as to be misleading, or tend to deceive or defraud the public, or that a color scheme, name, monogram or insignia has therefore been designated for the applicant. The name and monogram or insignia must be permanently attached to the taxicab or automobile for hire.

As a prerequisite for required permits, the following shall be provided to the satisfaction of the City Attorney that the applicant or permittee has procured and paid in advance the annual premium upon an insurance policy, and shall submit a copy of such insurance policy prior to being granted a permit to operate in the City. The policy of insurance shall evidence insurance of all vehicles and substitute vehicles in use, and the owner and the driver of each of the taxicabs which the owner will operate in the City must be insured against liability for injury to any person as the result of ownership, operation or use thereof. The insurance policies must remain in full force and effect and must meet the following minimum requirements for each vehicle listed on the application:

(a)

The policy of insurance for each vehicle listed in the application must be issued by a carrier licensed by the State of California Department of Insurance to sell commercial automobile liability in the State of California and be a member of the California Insurance Guarantee Fund, with a minimum A.M. Best rating of B+VII or a comparable rating applicable to insurance companies as stated from time to time by Standard and Poors, Moodys', or Fitch Investors Services for insurance rating purposes;

(b)

The policy shall contain policy limits of not less than Three Hundred Thousand Dollars ($300,000) combined single limit per occurrence of limits of not less than One Hundred Thousand Dollars ($100,000) per person, Three Hundred Thousand Dollars ($300,000) per accident, and Fifty Thousand Dollars ($50,000) for property damage. Such insurance may include a property damage deductible not greater than Two Thousand Five Hundred Dollars ($2,500) per occurrence;

(c)

The policy shall name the City of Arcadia, its City Council, and its officers, agents and employees as additional insureds; and shall be primary to and not contributing to any other insurance maintained by the City

(d)

The policy shall provide for written notice to be submitted to the City, thirty (30) days prior to any cancellation or modification of the policy.

(e)

A certificate of insurance which conforms to the provisions of this Section, shall be attached to every application for a taxicab permit pursuant to this Chapter. Upon approval of the application, a copy of the additional insured and cancellation endorsements required by subsection (c) and (d) of this Section shall be filed with the City within thirty (30) days of the date of application is approved.

(Amended by Ord. 1978 adopted 10-6-92)

The liability insurance requirements set forth in Section 6429.3.4 may be met as follows:

(a)

By self-insurance (or similar risk program such as membership in a purchasing group) if certified by City's Risk Management and Finance Directors.

(b)

A program of self-insurance may be established by showing evidence of the following:

(1)

The taxicab company owns more than twenty-five (25) vehicles (a requirement for total self-insurance but not partial self-insurance).

(2)

The taxicab company proves it is able to respond in damages to a judgment equivalent to the insurance requirements set forth in Section 6429.3.4.

(c)

For single event certification, evidence of acceptance of a self-insurance program by other regulatory agencies with similar requirements is sufficient evidence of financial responsibility.

(d)

For partial self-insurance, evidence of ability to respond in damages to a judgment equivalent to the deductible amount is required.

(Repealed by Ord. 1978 adopted 10-6-92; amended by Ord. 1993 adopted 8-17-93)

Prior to the issuance or renewal of any operator's permit and prior to the approval of any vehicle substitution as defined in Section 6429. 3.8 and any additional vehicles as defined in Section 6429.3.9, the

police through the Police Chief designee shall examine every automobile for hire or taxicab listed on an application for an operator's permit. The police may in their discretion refuse to approve a vehicle or may condition their approval, if necessary.

Any taxicab or automobile for hire shall at all times be subject to an inspection by any police officer or other inspector of the City as authorized by the City Manager and/or Council to determine the general condition of the vehicle.

The applicant has in all respects fully complied with all provisions of this Code and with all laws of the State.

(a)

The holder of an operator's permit shall be responsible for ensuring that all persons employed by them as drivers, all applicants who have been offered positions of employment as drivers, and all persons to whom vehicles are leased to be used as taxicabs, have provided the Business License Officer with satisfactory proof of compliance with the drug and alcohol testing requirements contained in this Division and have obtained a valid drivers permit from the Business License Officer.

(b)

Holders of operator's permits shall provide the Business License Officer with the names of all persons employed by them as drivers and with the names of all persons to whom vehicles have been leased to be used as taxicabs.

(c)

Holders of operator's permits shall immediately notify the Business License Officer of the names of all drivers whose employment with the operator has been terminated and with the names of those persons to whom vehicles have been leased upon the expiration or cancellation of such lease.

(d)

Holders of operator's permits shall be responsible for the cost of drug and alcohol testing of drivers employed by them.

(Added by Ord. 2054 adopted 8-20-96)

The holder of an operator's permit may not substitute any automobile listed on the operator's permit in the place and stead of each licensed automobile the use of which has been discontinued, until making application to do so and by securing the approval of the License Officer. Before being granted such approval the applicant shall fully comply with the provisions of Subsections 6429.2.3 and 6429.3.4.7. Upon the granting of such application, the Clerk shall endorse a memorandum of each substitution upon the

original operator's permit, and also upon the license issued to the automobile the use of which has been discontinued, and shall notify the License Officer of such substitution and endorsement. For each such substitution, such permit holder shall pay to the City a fee of Twenty-Five Dollars ($25.00).

(Amended by Ord. 2263 adopted 12-1-09)

A holder of an operator's permit for the operation of an automobile for hire or taxicab, desiring to operate additional motor vehicles of the same type and classification, shall file an application therefore with the License Officer. The application shall set forth the information as required by this Article. The License Officer may issue a permit to operate such additional motor vehicles.

(Amended by Ord. 2263 adopted 12-1-09)

Any operator to whom a permit specified in this Division has been issued shall maintain a listed telephone number at his place of business for which calls originating from Arcadia would be charged as local calls.

All permits issued hereunder are subject to suspension and revocation pursuant to Arcadia Municipal Code (AMC) Sections 6314, 6314.1 et seq. and AMC Section 1501, and the notice and hearing requirements of AMC Section 6216.8.