Beverly Hills Municipal Code Art. 2 Taxis and Other Public Transportation Vehicles

A. No person shall operate any taxi, limousine, bus, sightseeing vehicle, or other public transportation vehicle without a public transportation vehicle permit for each such vehicle issued under the provisions of this title; with the exception of those vehicles designated in subsection B of this section.

B. The provisions of subsection A of this section shall not be applicable to the following:

1. Any vehicle for which a permit or certificate has been issued by the state public utilities commission or by the federal interstate commerce commission.

2. Any school bus used by or under contract with, a public or private school.

3. Any vehicle transporting passengers from a point outside the city to a destination within the city, or proceeding through the city while en route to a destination outside the city. This exemption allows a taxi without a public transportation vehicle permit to unload and reload particular passengers with the intent to transport them to another location as long as: a) its taximeter continues to run; b) it does not leave the city; and c) it does not provide transportation to any other persons while waiting for such passengers. This exemption shall not apply to any taxi that unloads passengers within the city, departs the city, resets its taximeter and then returns to the city and reloads the same passengers. (Ord. 15-O-2671, eff. 2-6-2015)

Applications for public transportation vehicle permits shall be filed with the city and shall comply with the following requirements:

A. Completion of an application on the form designated by the city, and signed by the applicant under penalty of perjury.

B. New applications shall be filed a minimum of forty five (45) days prior to the date requested for issuance of the permit. Any new application that is rejected must be refiled a minimum of thirty (30) days prior to the date requested for permit issuance. An application filed less than thirty (30) days prior to the date requested for permit issuance shall not be accepted.

C. Payment of the fee as prescribed by council resolution.

D. An inspection and a certificate of the mechanical condition of the vehicle issued within thirty (30) days of the filing of the application.

E. The application shall be accompanied by a copy of the current registration issued by the state department of motor vehicles for the vehicle for which the permit is requested.

F. Renewal permit applications shall be filed a minimum of forty five (45) days prior to expiration of any existing permit. Any renewal application that is rejected must be refiled a minimum of thirty (30) days prior to expiration of any existing permit. A renewal application that is refiled less than thirty (30) days prior to the date requested for permit renewal shall not be accepted.

G. Where the applicant is a corporation, association, partnership, or other legal entity, applicant shall mean each partner, officer, director, and each shareholder owning or controlling more than ten percent (10%) of such entity.

H. Applications for taxis shall be made by, and the permit issued to, the holder of the taxicab franchise; provided further, if the holder of the franchise is an association, the public transportation vehicle permit application shall be filed by the owner of the vehicle, and permit issued under this article shall be issued to the owner of such vehicle working for a specific franchisee. All correspondence shall be conducted through the holder of the franchise. If the holder of the franchise is an association, then such association shall be responsible for communicating city correspondence to the owner of the vehicle. An "association", for purposes of this article, is defined as an organization which provides taxi service, and the taxi vehicles are owned and operated or leased out by individual members of such organization.

I. Applications for taxis shall be accompanied by a taximeter inspection permit which has been issued by the county of Los Angeles department of weights and measures within thirty (30) days of filing of the application. (Ord. 15-O-2671, eff. 2-6-2015)

A. The public transportation vehicle permit will be issued by the transportation official unless there is a finding that:

1. The applicant has been convicted of a felony or a misdemeanor involving moral turpitude, and has not subsequently demonstrated rehabilitative characteristics;

2. The applicant has made a material misrepresentation in the application;

3. The vehicle does not comply with the rules and regulations of the city including the limit on the number of vehicle permits to be issued to a franchisee;

4. If the application is for renewal of a permit, that the applicant has violated conditions of the previous permit, or ordinances or regulations of the city in the conduct of the business or activity.

B. When one or more of the findings is negative to the applicant, a permit may be conditionally issued to the applicant, where unique circumstances exist which justify issuance of the permit, and provided that appropriate conditions are imposed on the permit to protect the public health, welfare, and safety. (Ord. 15-O-2671, eff. 2-6-2015)

Where the permit is denied, the applicant shall be notified in writing in accordance with title 1, chapter 5, article 1 of this code, of the denial and reasons therefor. (Ord. 15-O-2671, eff. 2-6-2015)

Permits issued pursuant to this article shall be effective for a period of one year from date of issuance unless a shorter term is specified on the permit. A separate permit is required for each vehicle. (Ord. 15-O-2671, eff. 2-6-2015)

A permit issued under this article may be revoked, suspended, or sanctions imposed by the transportation official for any of the following reasons:

A. A material false statement contained in the application;

B. Failure to comply with federal, state or local laws and regulations;

C. Failure to comply with any conditions imposed by the city on the issuance of the permit;

D. Failure of permittee to comply with provisions of this chapter or the rules and regulations as may be applicable;

E. Conduct of the business in a fraudulent or disorderly manner, or in a manner which endangers the public health, welfare, or safety. (Ord. 15-O-2671, eff. 2-6-2015)

Prior to suspension or revocation of a public transportation vehicle permit, or the imposition of sanctions, a hearing shall be held thereon by the transportation official. The permittee shall be notified in writing of the grounds for suspension or revocation of the permit or imposition of sanctions at least ten (10) days prior to the scheduled hearing. (Ord. 15-O-2671, eff. 2-6-2015)

Where the conduct of the permittee or the mechanical condition of the vehicle creates an imminent peril to the public health, welfare, safety, or where the permittee refuses to allow inspection of the vehicle pursuant to section 7-4-216 of this chapter, the permit may be summarily suspended by the transportation official upon written notice to the permittee stating the basis for the suspension and without a hearing; provided further, any temporary emergency suspension shall not exceed fifteen (15) days pending a hearing under section 7-4-207 of this chapter. (Ord. 15-O-2671, eff. 2-6-2015)

The decision of the transportation official shall be rendered within five (5) days of the hearing. The decision shall be in writing, and shall set forth the findings and reasons for the decision, and the licensee shall be notified in writing in accordance with title 1, chapter 5, article 1 of this code. (Ord. 15-O-2671, eff. 2-6-2015)

A. Public transportation vehicle permits issued to one vehicle may be transferred to a replacement vehicle, provided that the transferee vehicle meets the requirements of this chapter, and the applicant complies with regulations issued pursuant to section 7-4-217 of this chapter, and pays the transfer fee as designated by council resolution.

B. A public transportation vehicle permit issued to one person for a vehicle may be transferred to another person, provided that the transferee applicant files the transfer application form designated by the city, meets the criteria of section 7-4-203 of this chapter, complies with any regulations issued pursuant to section 7-4-217 of this chapter, and pays the transfer fee as designated by council resolution. (Ord. 15-O-2671, eff. 2-6-2015)

Any final decision of the transportation official denying a permit or imposing sanctions under this article may be appealed to the traffic and parking commission. Any appeal shall be filed with the transportation official within fourteen (14) days of the decision by the transportation official. The traffic and parking commission shall hold a hearing on the appeal, and the appellant shall be given at least ten (10) days' notice of such hearing. The hearing shall be held under the rules of procedure adopted by the traffic and parking commission. The traffic and parking commission shall have the authority to sustain, modify, or overrule the decision of the transportation official. The decision shall be in writing, shall set forth the reasons for the decision and the appellant shall be notified in writing in accordance with title 1, chapter 5, article 1 of this code. Any decision rendered by the traffic and parking commission under this section shall be final and shall not be appealable to city council. (Ord. 15-O-2671, eff. 2-6-2015)

In addition to other regulatory provisions of this code, the following restrictions and prohibitions shall be applicable to public transportation vehicles:

A. The public transportation operator's permit shall be conspicuously displayed inside each vehicle at all times such vehicle is operated in the city. The holder in which the permit is displayed shall contain a statement which is visible to passengers upon removal of the permit, and which states the public transportation operator's permit is required by law to be displayed at all times the vehicle is in operation.

B. The rates charged for taxicab service shall be conspicuously displayed in both the front and rear seating compartments of each vehicle, in clearly legible print and on a placard of a minimum size of four inches by six inches (4" x 6"); and such placard shall also state the name, business address, and telephone number of the holder of the taxicab franchise.

C. The driver shall, upon receipt of full payment of the fare, issue a written receipt to any passenger requesting a receipt.

D. No owner, driver, or agent shall charge, collect, demand, receive, or arrange for any compensation for service in excess of the rates established by the city council.

E. No owner, operator, or agent shall misrepresent by word, sign, hatband, insignia, or badge, or by any other means or device, the true identity of the vehicle in soliciting patronage for such vehicle.

F. The operator of the vehicle shall not cruise streets for the purpose of soliciting passengers, shall not leave the vehicle for the purpose of soliciting passengers, and shall not solicit passengers in a tone of voice louder than ordinarily used in conversation.

G. The operator of the vehicle shall be properly groomed and neatly dressed.

H. Each public transportation vehicle shall have the current public transportation vehicle permit issued by the city affixed on the vehicle as required by the transportation official.

I. The vehicle, and all equipment therein, shall comply with all applicable requirements of the state Vehicle Code, the federal motor vehicle safety standards, safety orders of the state division of industrial safety, the Americans with disabilities act, and any vehicle standards promulgated by the city.

J. Any person violating this section shall be subject to an administrative citation as provided by title 1, chapter 3, article 3 of this code with such penalties as specified in a resolution adopted by the city council or such other penalties as determined by the city prosecutor. (Ord. 15-O-2671, eff. 2-6-2015)

In addition to the other regulatory provisions of this code, and the regulatory provisions of section 7-4-213 of this chapter, the following restrictions and prohibitions are specifically applicable to taxis:

A. No taxicab shall stand in a taxicab zone or taxicab stand unless the vehicle both: 1) is authorized by a franchise pursuant to this code; and 2) has been issued a public transportation vehicle permit pursuant to this code. More than one taxicab from each franchisee may simultaneously stand in a queue in any designated taxicab zone or taxicab stand unless one or more taxicabs from a franchisee or franchisees which are unrepresented in the taxicab zone or taxicab stand approach to park at the taxicab zone or taxicab stand. In such event, the taxicab which is standing last in the queue in the taxicab zone or taxicab stand and which is represented by the same franchisee shall relinquish its space to the taxicab which is not represented in the taxicab zone or taxicab stand. Every driver shall remain inside their cab while waiting at a taxicab zone or taxicab stand.

B. Every taxicab shall be identified by marking on both sides of the vehicle the name and telephone number of the taxi company, and a number designating the specific taxicab; and with the number designating the specific taxicab also placed on the rear of the vehicle. The numbering method shall be approved by the city and shall allow easy determination that the taxicab is one permitted for operation in Beverly Hills. Lettering shall be not less than two and one-fourth inches (21/4") in height and not less than five-sixteenths inch (5/16") in stroke.

C. No sign shall be displayed upon any taxicab; except a sign identifying the vehicle as a taxi may be displayed on the top of such vehicles, and provided that such sign does not exceed six inches (6") high and twenty four inches (24") in length.

D. Every taxi driver while transporting any passenger to a destination shall proceed with the most direct route which will deliver the passenger safely and expeditiously to the destination.

E. Any person engaging a taxicab shall have the full and exclusive use of such vehicle, and the taxi driver shall not solicit or carry any additional passenger without the consent of the person first engaging the taxi.

F. Taxi passengers shall be seated in the rear seat of the taxi, except when the rear seat of the taxicab is fully occupied, or except for student drivers, supervisors, or aged, infirm, or handicapped persons who cannot readily enter the rear compartment of the taxicab.

G. Each taxicab shall be equipped with a computer dispatch system capable of two-way voice communication and two-way data communication with the franchisee base computer dispatch system, from all locations within the city limits. Every driver of a taxicab shall monitor the computer dispatch system at all times, and the computer dispatch system shall be in operation at all times that the vehicle is in service.

H. Each taxicab shall be equipped with a taximeter which shall at all times accurately reflect the taxi service charges. Taximeters shall be of a type and design approved by the city. Taximeters shall be illuminated with charges readily discernible by any passenger in the taxicab. Where the approved taximeter is capable of a setting to rates other than approved by the city, the taximeter shall by sign, or other device clearly indicate when the rates authorized by this chapter are being charged when operating within the city.

I. The documents required by subsection 7-4-213A of this chapter shall be displayed in each taxicab, by placing in a holder permanently affixed to the dash of the vehicle, and in full view of passengers. A taxicab service evaluation notice, identifying the telephone number to contact in the event of passenger complaint or comment, in the form required by the city, shall be conspicuously displayed in the taxicab vehicle. Additional passenger notices shall be displayed as requested by the city.

J. No vehicle shall be issued a public transportation vehicle permit for taxicab use where such vehicle is in excess of five (5) years of age from its model year unless such vehicle passes a special inspection by a mechanic selected by the city and not affiliated with the taxicab operator before the end of the vehicle's fifth, sixth, seventh, eighth and ninth years, as applicable, and obtains a certificate certifying that the vehicle meets the city's standards for mechanical condition, appearance, and passenger comfort. This special vehicle inspection shall be in addition to the inspections required by subsection 7-4-202D and section 7-4-216 of this chapter and shall be based upon standards established by the city. Notwithstanding any previously issued public transportation vehicle permits, taxicab vehicles shall be removed from service by midnight on December 31 at the conclusion of the vehicle's eighth model year; provided, however, vehicles that are wheelchair accessible under ADA standards may remain in operation until twelve o'clock (12:00) midnight on December 31 at the conclusion of the vehicle's tenth model year.

K. Any vehicle operated as a taxi shall be equipped with functioning air conditioning.

L. No taxicab shall be operated without a distinctive name, monogram, uniform color scheme or other identification which designates the company responsible for the taxicab and which has been approved by the city. No name, monogram, color scheme, or identification shall be in conflict with or imitate those used by another taxicab company in the city or any jurisdiction within five (5) miles of the city limits in such a manner as to be misleading or to tend to confuse or defraud the public, as determined solely by the city. Once an identifying name, monogram, color scheme or other identification has been approved by the city, no change will be required based on adoption of a similar name, monogram, color scheme or other identification by a company operating in another jurisdiction.

M. Each taxicab operated under a franchise shall be identified as a city of Beverly Hills authorized taxicab by decals or other suitable means as specified by the city. Identifying decals shall be provided by the city for such purpose upon payment of the fee specified in section 7-4-202 of this chapter. No person shall identify any vehicle by means of a city of Beverly Hills decal or facsimile thereof unless authorized to do so by the city.

N. Each taxicab shall be equipped with a terminal facing the back seat that provides passengers the ability to pay for any trip using a credit or debit card, without providing prior notice of their intent to do so, without assistance from the driver. The amount charged shall be the amount displayed on the taximeter plus any tip amount, or no tip, as chosen by the passenger.

O. Smoking is forbidden in taxicabs at all times. "Smoking" has the same meaning as defined in title 5, chapter 4 of this code.

P. A taxicab driver shall not refuse to transport any person except for the following reasons: 1) the driver has already been dispatched on another call; 2) the passenger is acting in a disorderly or threatening manner, or otherwise causes the driver to reasonably believe that his/her health or safety, or that of others, may be endangered; 3) the passenger requires the use of a litter or stretcher; or 4) the passenger indicates inability to pay fare. A driver shall not refuse a request for service because of the driver's position in line at a taxicab zone or taxicab stand; a passenger may select any cab in line.

Q. The transportation official shall promulgate rules defining the requirements for taxi drivers to assist passengers, including passengers with disabilities. Violations of such rules shall be considered a violation of this code. (Ord. 15-O-2671, eff. 2-6-2015)

A. The taxicab rates for any taxicab operating over any street in the city shall be as follows:

1. Drop charge: Two dollars forty five cents ($2.45) for the first one-seventh (1/7) mile or 47.5 seconds, or fraction thereof.

2. Other charge:

a. Distance charge: Thirty five cents ($0.35) for each additional one-seventh (1/7) mile or fraction thereof ($2.45 per mile); or

b. Waiting/delay charge: Thirty five cents ($0.35) for each 47.5 seconds waiting time and/or traffic delay, or fraction thereof ($26.53 per hour).

B. The taxicab rate for taxicab trips originating in city of Beverly Hills that provides taxicab trips to the Los Angeles International Airport shall be thirty eight dollars ($38.00) flat rate per trip.

C. The rates and fares set forth in subsections A and B of this section shall be collected only to the extent shown on the taxicab meter, regardless of the number of persons occupying the taxicab. No rate or charge other than that specified in this section shall be placed in effect, charged, demanded, or collected for taxicab service originating in the city, regardless of whether the destination of such service is within or beyond the corporate boundaries of the city.

D. Each taxicab operating within the city shall be subject to and comply with all provisions of the city's senior taxi swipe card program, as adopted by city council, and shall accept the use of the senior taxi swipe card as provided therein. No taxicab shall prevent the use of a senior taxi swipe card nor deny service to any person using the senior taxi swipe card. (Ord. 15-O-2671, eff. 2-6-2015)

The transportation official shall have authority at all reasonable times to inspect, or cause the inspection of any public transportation vehicle and the records of any permittee regulated by this article.

A. Refusal to permit inspection shall be the basis for emergency suspension of the permit pursuant to section 7-4-208 of this chapter.

B. When an inspection reveals safety defects that in the opinion of the transportation official pose an imminent peril to the public health, welfare or safety, or where the taximeter on any taxicab is inaccurate or has been tampered with to incorrectly reflect the rates authorized by city, the permit may be suspended pursuant to section 7-4-208 of this chapter.

C. Failure to appear for a scheduled inspection shall constitute a violation of this code subject to an administrative citation pursuant to title 1, chapter 3 of this code.

D. If a public transportation vehicle fails a scheduled inspection, the permittee shall arrange for a reinspection of the vehicle within fourteen (14) calendar days. The permittee shall be responsible for paying the reinspection fee as established by resolution of the city council. (Ord. 15-O-2671, eff. 2-6-2015)

The transportation official shall have the power and authority to promulgate rules and regulations for the implementation and enforcement of provisions of this article, and when duly promulgated, such rules and regulations shall be in full force and effect. The holder of the public transportation vehicle permit shall comply with such rules and regulations and any violation shall constitute a violation of this code. (Ord. 15-O-2671, eff. 2-6-2015)

Notwithstanding the provisions of section 3-4-2 of this code, every applicant for a taxicab transportation vehicle permit or permits shall obtain and maintain in full force and effect commercial automobile liability insurance meeting the following requirements for each vehicle listed on the application:

A. The insurer must be a carrier licensed and admitted by the California department of insurance to sell commercial automobile liability insurance in the state of California with an A.M. Best rating as required by the transportation official.

B. The policy shall be written with policy limits of not less than one million dollars ($1,000,000.00) combined single limit per occurrence. Such insurance may include a property damage deductible not greater than two thousand five hundred dollars ($2,500.00) per occurrence.

C. The policy shall contain a condition that it cannot be modified or canceled without at least thirty (30) days' prior written notice to the city.

D. Each policy shall contain an endorsement naming the city as an additional insured and shall be primary to and not contributing with any other insurance covering or maintained by the city.

E. A certificate of insurance shall be attached to the application for the taxicab public transportation vehicle permit or permits. Upon approval of the application, a copy of the additional insured and cancellation endorsements required by subsections C and D of this section shall be filed with the city within thirty (30) days of the date the application is approved. Certificates and endorsements shall be filed on the forms provided by the city and the endorsement shall be notarized. (Ord. 15-O-2671, eff. 2-6-2015)