Azusa Municipal Code Div. 2 Certificate of Public Convenience and Necessity

Footnotes:

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Cross reference— Businesses generally, ch. 18.

No person shall engage in the business of providing taxicab service or of operating a taxicab upon any public street within the city without obtaining and having in good standing a certificate of public convenience and necessity to do so in accordance with this division and without complying with or having complied with all the provisions stated in this division and such certificate.

(Code 1971, § 5.40.020)

Any person desiring to obtain the certificate required by section 82-66 shall pay a fee of $25.00 to the business license officer and make a verified application for the certificate to the city council, which application shall set forth the following:

(1) The name and address of the applicant and, if the applicant is a corporation, the names of its principal officers or, if the applicant is a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each.

(2) A complete schedule of the fares or rates to be charged.

(3) A description of every motor vehicle which the applicant proposes to use, giving:

a. Trade name.

b. Motor and serial number.

c. State license number.

d. Seating capacity.

e. Body style.

(4) The street number and exact location of the place where the applicant proposes to stand each such taxicab.

(5) The name of the legal and registered owner of each such vehicle.

(6) The distinctive color scheme, name, monogram and insignia which shall be used on such taxicab.

(7) If any proposed stand is in the public street, the application shall be accompanied by a written consent thereto of all the occupants of the ground floor of any building or lot in front of which such taxicab is to be located and for 25 feet each way therefrom or, if there is no such occupant, by the written consent thereto of the owner or lessee of such building or lot.

(Code 1971, § 5.40.030)

Upon receipt of any application referred to in section 82-67, the business license officer shall set a time, not less than ten nor more than 30 days thereafter, for the hearing of the application before the city council and shall give notice of the time so set, at least five days before the date of the hearing, to the applicant, by mail, at the address set out in such application, and by publication of notice of such application and the date of hearing in a city newspaper on one day of publication.

(Code 1971, § 5.40.040)

The application for the certificate required by this division shall indicate that the owner 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:

(1) The policy of insurance for each vehicle listed in the application must be issued by a carrier licensed by the state department of insurance to sell commercial automobile liability in the state and be a member of the state 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.

(2) The policy shall contain policy limits of not less than $300,000.00 combined single limit per occurrence or limits of not less than $100,000.00 per person, $300,000.00 per accident, and $50,000.00 for property damage. Such insurance may include a property damage deductible not greater than $2,500.00 per occurrence.

(3) The policy shall name the city, its city council and its officers, agents and employees as additional insured and shall be primary to and not contributing to any other insurance maintained by the city.

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

(5) A certificate of insurance which conforms to the provisions of section 82-69 shall be attached to every application for a taxicab permit pursuant to this division. Upon approval of the application, a copy of the additional insured and cancellation endorsements required by subsections (3) and (4) of this section shall be filed with the city within 30 days of the date the application is approved.

(Code 1971, § 5.40.070; Ord. No. 92-035, § 1, 11-2-92)

At the time set for the hearing of the application for the certificate required under this division, the city council may examine the applicant and all persons interested in the matter set forth in the application and shall determine whether or not the public interest, convenience and necessity, require the issuance of the certificate applied for. If it is found by the council that the public interest, convenience and necessity require the issuance of the certificate applied for, it shall by resolution order the business license officer to issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as provided in this article and subject to such conditions as may be imposed by the resolution, including the minimum and maximum number of vehicles that may be used.

(Code 1971, § 5.40.050)

Any of the following reasons shall be sufficient for denial of the certificate required under this division:

(1) The application is not in the form and does not contain the information required to be contained therein by this division.

(2) The vehicles described therein are inadequate or unsafe for the purposes for which they are to be used.

(3) The color scheme, name, monogram or insignia to be used upon such vehicles is in conflict with or imitates any color scheme, name, monogram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public.

(4) The location of the taxicab stand is such as to congest or interfere with travel on any public street or that the proposed stand is within 300 feet of any other stand therefor fixed by the city council on the same street.

(5) The applicant has, at some prior time, had such a certificate revoked for cause.

(6) It shall appear to the city council that there are a sufficient number of taxicabs and automobiles for hire in the city to fully serve the public and that the granting of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public and that the public interest, convenience and necessity do not require the issuance of such certificate.

(Code 1971, § 5.40.060)

If any holder of a certificate required under this division desires to change his schedule of rates and charges or the color scheme, name, monogram or insignia used on such taxicab or to increase or decrease the number of vehicles used by him as taxicabs, he shall make application for permission to do so from the city council. Permission shall be granted if, in the discretion of the city council, it deems the public interest, necessity and convenience will be served by the change and if the certificate holder has complied with this article. If the substitution of any vehicle for a vehicle occurs, the certificate holder shall, prior to or immediately upon such substitution, notify the business license officer thereof in writing giving the required description of both the former and the new vehicles.

(Code 1971, § 5.40.090)