Bishop Municipal Code Art. II Franchises

No person shall operate or permit the operation of any taxicab over the streets of the city unless there shall have been a franchise for the operation thereof authorized and approved by the city council, executed by the proper officials of the city and accepted by the grantee thereof.

(Prior Code, § 19-7; Code 1985, § 5.28.070)

Any citizen of the United States who is over 21 years of age may apply to the city council for a franchise to operate taxicabs in the city. The city council shall hold a hearing to determine whether or not public convenience and necessity require the issuance of such franchise, taking into consideration all facts it may deem pertinent and proper. No franchise shall be authorized or issued unless the city council finds that public convenience and necessity therefor exist. In determining that the public convenience and necessity warrants the granting of such franchise the city council shall make specific findings of the existence of the following conditions:

A. The applicant is financially responsible and a fit and proper person to engage in public transportation of passengers;

B. The persons holding existing franchises for the operation of taxicabs within the city, if any, are under normal conditions, inadequately serving the public;

C. Under efficient and economical management, the holders of all existing franchises and the applicant for the one under consideration, will, under normal conditions, earn a fair and reasonable return on their capital invested.

(Prior Code, § 19-8; Code 1985, § 5.28.080)

An application for the renewal or extension of an existing franchise for the operation of taxicabs about to expire shall not be considered as an application for a new franchise.

(Prior Code, § 19-9; Code 1985, § 5.28.090)

A franchise for the operation of taxicabs, or an extension or renewal of an existing franchise, shall be made for such period as the city council may determine, not to exceed three years. Such franchise may be made revocable under such terms as the city council may require.

(Prior Code, § 19-10; Code 1985, § 5.28.100)

In consideration of the execution of a franchise for the operation of taxicabs and the privileges thereby granted, the grantee shall pay to the city two percent of the total gross receipts of the grantee derived from the transportation of persons, waiting time, advertising and all other services rendered by the grantee's taxicabs operating under the franchise; except that such amount shall not include tips to drivers. The full cash value of any consideration received by the grantee in a form other than cash, and all receipts from the sale of script, tickets, passes and from contracts, by the terms of which the grantee agrees to furnish transportation or other service by means of taxicabs shall be included in the gross receipts, whether or not such transportation or service is actually furnished. Such payment shall be in lieu of any business license fee that might otherwise be required of the grantee.

(Prior Code, § 19-11; Code 1985, § 5.28.110)

The city council shall determine the form, terms and conditions of franchises to operate taxicabs. Such determinations shall not be in conflict with or contrary to the provisions of this article and shall provide for the following:

A. The time and place for the payment by the grantee of the sums payable to the city required by section 5.28.110;

B. That the grantee shall provide insurance in a form and amount deemed adequate to protect the public from all damages that might arise from operations under the franchise;

C. The rates or fares that the grantee shall be allowed to charge and the method for their determination, including the right to require the installation of taximeters in all taxicabs;

D. The duration of, and provisions for the revocation or termination of the franchise.

(Prior Code, § 19-12; Code 1985, § 5.28.120)