6429.4. - APPLICATION.

Any person may apply to the City for a driver's permit to drive a taxicab or automobile for hire for any holder of a valid operator's permit upon the streets of the City, by filing with the License Officer, upon forms to be supplied by the City, an application for a driver's permit setting forth the following information:

(1)

Name, home address, home telephone number, business address and business telephone number of the applicant;

(2)

Past experience as a taxicab or automobile for hire driver;

(3)

Proof that the applicant holds a current, valid driver's license of the appropriate class issued pursuant to the California Vehicle Code, and any other taxicab or automobile for hire driver's license or permits held by the applicant;

(4)

Name and address of the owner of the vehicle which he shall use. Such owner shall endorse the application;

(5)

Where applicable, a description of the taxicab or automobile for hire to be driven;

(6)

A policy of insurance for the taxicab or automobile for hire to be driven by the applicant;

(7)

Duplicate, recent photographs;

(8)

Affiliation with a taxicab or automobile for hire operator, if any;

(9)

Any such other information as may be required or deemed necessary or desirable by the License Officer to enable him to ascertain whether the applicant fulfills the requirements herein set forth;

(10)

Name and address of holder of an operator's permit under which the driver will operate said vehicle. Such holder of the operator's permit shall endorse the application.

The applicant shall set forth in his application and make satisfactory proof to the License Officer that he fully meets the following qualifications:

(1)

Applicant shall be at least eighteen (18) years of age;

(2)

Applicant shall not have been convicted in the courts of any State of the United States or in any United States Court of any of the following offenses:

(a)

Driving a motor vehicle while under the influence of an intoxicant or narcotic. Applicant shall also state what, if any, offenses he has been convicted of under the California Vehicle Code,

(b)

Pandering,

(c)

Using, possessing, selling or transporting narcotics,

(d)

Imparting knowledge for the obtaining of narcotics,

(e)

Assault or battery, or assault and battery,

(f)

Violating any law or ordinance involving moral turpitude,

(g)

Violating any of the provisions of this Division;

(3)

Applicant has been fingerprinted by the Chief of Police;

(4)

Applicant otherwise is a fit and proper person to be the driver of an automobile for hire or taxicab.

The Business License Officer may refuse to issue any such permit if, in the exercise of reasonable discretion, it shall be determined that such applicant is not qualified to be the driver of an automobile for hire or taxicab. Otherwise the Business License Officer shall issue a driver's permit to such applicant upon payment of a license fee of Ten Dollars ($10.00) in addition to the cost of fingerprinting conducted by the Arcadia Police Department. Every driver's permit issued shall set forth the name of the driver, the driver's photograph, the name of the driver's employer and the name of the owner of the vehicle which the driver shall use. Each driver's permit shall be displayed conspicuously in the vehicle by the driver.

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

The failure of any driver to meet the requirements of Arcadia Municipal Code (AMC) Section 6429.3.1 or to commit any act or acts in violation of said Section or AMC Section 1501 shall authorize suspension or revocation of the driver's permit, subject to the notice and hearing requirements of AMC Section 6216.8.

(a)

As used in this Title, the following definitions shall apply:

(1)

"Controlled substance" shall mean those substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, as it exists on the effective date of the Ordinance codified in this Section, or as it may be amended.

(2)

"Negative test for alcohol" shall mean an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

(b)

Each applicant shall submit satisfactory proof of a negative test result for controlled substances and for alcohol to the Business License Officer before a driver's permit shall be issued.

(c)

Persons holding a valid driver's permit shall, within thirty (30) days of the expiration of their driver's permit, submit satisfactory proof to the Business License Officer of a negative test for controlled substances and for alcohol. No driver's permit shall be renewed unless such proof has been submitted.

(d)

Testing procedures shall be substantially as specified in Part 40 of Title 49 of the Code of Federal Regulations, as it exists on the effective date of the Ordinance codified in this Section, or as it may be amended. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, as it exists on the effective date of the Ordinance codified in this Section, or as it may be amended.

(e)

Self-employed independent drivers shall be responsible for compliance with the requirements of this Section and for all costs incurred thereby. Employing transportation operators shall be responsible for compliance with respect to their employees and potential employees.

(f)

Test results shall be reported directly to the employing transportation operator, who shall, within five (5) days of receipt of positive results, notify the Business License Officer. Self-employed independent drivers shall submit all test results to the Business License Officer, who shall notify the taxicab leasing company of record, if any, of positive results.

(g)

The driver's permit of any person convicted of using, selling, or driving under the influence of any controlled substance or alcohol, shall be subject to suspension or revocation pursuant to the provisions of this Code.

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

The driver's permit shall become void immediately upon termination of employment. The employer, or the driver if self-employed, shall notify the Business License Officer upon termination of employment. The driver shall return the permit to the Business License Officer upon such termination.

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