Banning Municipal Code Art. II Permits Generally

It shall be unlawful to operate or cause to be operated an automobile for hire or a taxicab upon any public street within the city without first having obtained a permit in accordance with the provisions of this article.

(Code 1965, § 24-19.)

Any person desiring to obtain the permit required by this article shall make application therefor to the city council.

(Code 1965, § 24-20.)

Every application for a permit required by this article shall contain the name and address of the applicant, if the same is a corporation, the names of its principal officers or if the same is a partnership, the names of the partners with the address of each Such application shall also contain a statement as to whether the permit is desired for an automobile for hire or a taxicab and a description of every motor vehicle which the applicant proposes to use, which description shall include the trade name, motor and serial number, state license number, seating capacity and body style of each vehicle. Such application shall further state the street number and exact location of the place where the applicant proposes to stand each such automobile, cab, taxicab or automobile for hire, and the proposed schedule of rates or fares to be charged for carrying passengers. The distinctive color scheme name monogram or insignia which shall be used on such automobile cab, taxicab or automobile for hire shall also be given in the application.

(Code 1965, § 24-21.)

If any stand proposed to be used by an applicant for a permit under this article is in a public street, his application for the permit shall be accompanied by a written consent thereto of all the occupants of the ground floor of any building in front of which such vehicle is to be located, and for twenty-five 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 1965, § 24-22.)

A. Upon receipt of any application for a permit under this article, the city clerk shall set a time, not less than ten nor more than thirty days thereafter, for the hearing of such application before the city council, and shall give notice to the applicant by mail of the time so set, at least five days before the date of such hearing, and by the publication of such a notice of the application in a newspaper of the city on two different days.

B. At the time set for the hearing of such application, the city council may examine the applicant and determine whether or not the public interest convenience and necessity require the issuance of the permit applied for.

(Code 1965, § 24-23.)

The fee for a permit required by this article shall be fifty dollars, payable to the city clerk.

(Code 1965, § 24-24.)

The following reasons shall be sufficient for denial of the permit applied for under this article:

A. Improper Application. That the application is not in the form or does not contain the information required by this article.

B. That the vehicles described in the application are inadequate or unsafe for the purposes for which they are to be used.

C. Misleading Appearance of Vehicle. That the color scheme, name, monogram or insignia to be used upon such automobile is in conflict with or imitates any color scheme, name, monogram or insignia used by any other person in such a manner as to be misleading or tending to deceive or defraud the public.

D. Improper Location of Stand. That the location of the stand as designated in the application will congest or interfere with travel on any public street or that the proposed stand is within three hundred feet of any other stand theretofore authorized.

E. Prior Permit Revoked. That the applicant has had a previous permit revoked.

F. Lack of Need. If the city council determines that there is a sufficient number of taxicabs and automobiles for hire in the city to adequately serve the public, or that the granting of additional permits would unduly congest traffic and interfere with the free use of the streets by the public or that the public interest, convenience and necessity do not require the issuance of such permit.

(Code 1965, § 24-25.)

A. Before a permit shall be issued under this article, the applicant shall deliver to the city council a policy of insurance providing for the payment of all legal claims for damages to persons or property resulting from the operation of the automobile referred to in the application.

B. The maximum amount for which liability shall be assumed for injury to or death of one person in any one accident shall be twenty-five thousand dollars and for injury to or death of more than one person in any one accident shall be fifty thousand dollars and the maximum amount for which liability shall be assumed for injury to or destruction of property in any one accident shall be five thousand dollars.

C. Such insurance policies shall be approved by the city council.

(Code 1965, § 24-26.)

If it is found by the city council that the public interest convenience and necessity require the issuance of a permit applied for under the provisions of this article the city council shall order the city clerk to issue the permit in accordance with such application subject to the filing and approval of an undertaking as provided for in this article.

(Code 1965, § 24-27.)

No permit issued under the terms of this article shall be transferable either by contract or operation of law without the permission of the city council and any such attempted transfer shall be sufficient cause for revocation of the permit.

(Code 1965, § 24-28.)

Any permit granted under the provisions of this article may be revoked by the city council, either as a whole or as to any car described therein, or as to the right to use any distinctive color, monogram or insignia, after five days notice to the permit holder requiring him to appear at a certain time and place to show cause why his permit should not be revoked, for any of the following reasons:

A. The undertaking provided for in Section 5.64.260 has not been given or has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason.

B. The nonpayment of any city business license fee.

C. Failure to observe any of the rules and regulations or provisions set forth in this chapter.

D. The violation of any law of the state or ordinance of the city pertaining to the operation of taxicabs or motor vehicles, by a permit holder, operator or driver of a taxicab.

E. Failure to maintain satisfactory service to the public or failure to keep any vehicle described in the permit in use for an unreasonable length of time, or failure to use the distinctive color, monogram or insignia described in the application for the permit.

F. Any cause which, in the opinion of the city council, makes it contrary to the public interest, convenience and necessity for the permit to be continued.

(Code 1965, § 24-29.)

In the event that any holder of a permit under this article desires to change his schedule of rates and charges, color scheme, name, monogram or insignia used on his vehicle or to substitute any vehicle for and in place of the vehicle described in the application for the permit, or to increase or decrease the number of vehicles operated by him, he shall first make application for permission to do so from the city council, which permission shall be granted if, in the discretion of the city council, it deems the public interest, necessity and convenience will be sub-served by such change, and that the permit holder has complied with all provisions of this chapter.

(Code 1965, § 24-30.)