Buellton Municipal Code Art. I In General

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

Person.

Person includes any person, firm, association, organization, partnership, joint venture, business trust, corporation or company.

Taxicab.

A motor vehicle, as that term is defined in the Vehicle Code of the state of California, used for the transportation of passengers for hire, equipped with a taximeter, when driven by the owner or by an agent of the owner at rates per mile, per trip, per hour, per day, or per other period of time, which such vehicle is routed under the direction of the passengers or other persons hiring such vehicle. The types of motor vehicles listed below shall not be considered a taxicab:

Employer-Sponsored Carpool Vehicle.

A vehicle that is operated to transport employees to and from the employer's business location or locations.

Limousine.

A passenger-carrying motor vehicle for hire, as regulated by the Public Utilities Commission, not equipped with a taximeter, and used as transportation for hire in the city, along a route directed by persons hiring or passengers in the vehicle, the charge for use of which is based upon rates per hour (with a minimum one-hour charge), per day, per week, or per month.

Private Ambulance.

Every vehicle equipped with a siren and specially constructed, modified, equipped or arranged for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persons, used for the purpose of serving the public, and driven by any person other than a governmental agency.

Public Transportation Vehicle.

Every vehicle used in the service of transporting passengers in the city and operated by or under contract with a governmental agency.

Taxicab Operator.

A person engaged in the business of owning, controlling or operating one or more taxicabs which solicit or accept passengers in such taxicab, or taxicabs, anywhere within the city.

Taximeter.

An instrument, or device, attached to a taxicab which mechanically, or electronically, calculates a fare on the basis of distance traveled or waiting time, or a combination thereof, and displays the fare in figures of dollars and cents.

(Ord. 11-01 § 4, 2011)

A. Fees. Every taxicab operator shall first apply for a license, and pay a license fee of $40. Upon approval of the license application the taxicab operator shall pay a fee of five dollars per taxicab, and the finance director shall issue a license sticker for each properly insured taxicab. The annual license renewal fee shall be $40 per year, and five dollars per taxicab for the license sticker. Each applicant shall present to the sheriff a money order or certified cashiers check for the prescribed amount set by the Department of Justice of the state of California for the processing of the applicant's fingerprints. None of the above fees shall be prorated, or refunded.

B. Term. All licenses and stickers issued to taxicab operators shall be for the period of one calendar year, and shall expire at midnight on the thirty-first day of December.

(Ord. 11-01 § 4, 2011)

A. Every application for a taxicab operator's license shall be signed by the applicant and shall contain:

1. Name and address of the applicant.

2. If the applicant is a corporation, the names and addresses of its directors.

3. Area within which applicant proposes to operate.

4. Kind and amount of public liability and property damage insurance covering each vehicle to be used for the acceptance of passengers for hire within the city.

5. Taxicab color scheme and insignia.

6. Owner's trade name and business address.

7. Number of vehicles to be used for accepting passengers for hire within the city, their make, model (year) and seating capacity.

8. Such further information as either the sheriff or the finance director may require.

B. Whenever an employee of a taxicab operator files an application for a taxicab driver's license, or renewal hereof, with the finance director pursuant to Article II (Driver's Licenses) Section 5.26.080 et seq., of this chapter, the employer taxicab operator shall within ten days after the filing of the application by the employee with the finance director, submit to the sheriff by first class U.S. mail copies of the results and other records pertaining to the testing of the employee for the use of alcohol and controlled substances conducted pursuant to mandatory controlled substance and alcohol testing certification program required by Section 5.26.210.

(Ord. 11-01 § 4, 2011)

A. The application shall be referred to the sheriff for approval. The sheriff shall obtain a copy of the applicant's criminal record in the United States, if any, and may obtain the criminal record, if any, in any other country, if obtaining such foreign criminal record is feasible.

B. The sheriff in making his or her determination may also demand personal references from applicant and may make such further investigation of applicant as deemed appropriate.

C. If the sheriff disapproves the application, he or she shall notify the finance director in writing giving the reasons for the disapproval. The finance director shall thereupon notify the applicant in writing by mailing or delivering a copy of the sheriff's disapproval, including the reasons therefor, to the applicant and advise him or her of his or her right to appeal the disapproval within 15 days of such notice. No license shall be issued unless a successful appeal of the sheriff's disapproval is made.

(Ord. 11-01 § 4, 2011)

Within 15 days after notification of disapproval, an applicant may appeal to the city council, in writing, from the disapproval of the sheriff, giving the reasons in full as to why the license should be issued in spite of the sheriff's disapproval. A copy of the appeal shall be sent by applicant to the sheriff and the finance director at the same time the appeal is sent to the city council.

(Ord. 11-01 § 4, 2011)

The council shall set a hearing on the appeal of the applicant, and shall fix a time and a date certain, within 30 days after the receipt of applicant's appeal by the city clerk (or such longer time as applicant shall agree to) to hear and consider the appeal of applicant. The clerk shall notify the applicant, sheriff and finance director of the time and place of hearing.

(Ord. 11-01 § 4, 2011)

A. The council may issue subpoenas as provided in Government Code Section 25170 at the request of either the applicant or the sheriff, for witnesses to appear at the hearing, with or without specified documents. All testimony at the hearing shall be given under oath or affirmation. The applicant and sheriff shall have the right to be represented by counsel. Applicant and sheriff shall each have the right to call and examine witnesses, cross-examine witnesses and argue their respective positions. The proceeding shall be informal, and the strict rules of evidence shall not apply, and all evidence shall be admissible which is of the kind that reasonably prudent persons rely on in making decisions.

B. The chair of the council shall determine the order of procedure and shall rule on all objections to admissibility of evidence. Applicant and sheriff shall each be given a full and fair hearing. The council shall make its decision by majority vote, either at the end of the hearing or at a date not more than ten days after the close of the hearing. The decision of the council shall be final.

(Ord. 11-01 § 4, 2011)

The granting of a license or a renewal thereof may be denied and an existing license may be revoked or suspended if the license holder or applicant:

A. Is a person unfit to be trusted with the privilege granted by such license.

B. Has knowingly made a false statement in a material matter either in his or her application or in any reports or other documents furnished by him or her to the city.

C. Does not maintain and operate his or her vehicle and other equipment in the manner and in the condition required by law and applicable regulations.

D. Is required to register as a sex offender under the provisions of Section 290 of the California Penal Code.

E. Habitually or excessively uses, or is addicted to the use of narcotics or dangerous drugs, or has been convicted of any offense relating to the use, sale, possession or transportation of narcotics or habitforming drugs.

F. Is a habitual user of intoxicating beverages to excess.

G. Within the three-year period immediately preceding the application has been under suspension, revocation or probation by the Department of Motor Vehicles for a cause involving the safe operation of a motor vehicle, or has been convicted of any of the following offenses: driving while intoxicated; or reckless driving involving bodily injury.

H. Has been convicted of any offense punishable as a felony, or has been convicted within a ten-year period immediately preceding the crime of theft in either degree.

I. Has been convicted of any offense involving moral turpitude.

J. Has been involved within the two years immediately preceding the application in any motor vehicle accident causing death or personal injury.

K. Has been involved in three or more motor vehicle accidents within the year immediately preceding the application.

L. Failed to pay required license fees.

M. Has violated any provision of this chapter.

(Ord. 11-01 § 4, 2011)

No taxicab operator's license shall be issued until the applicant first files with the finance director a certificate of insurance, on a form provided by the finance director. Said certificate shall provide evidence of insurance in amounts and with conditions acceptable to the city and shall be approved by the finance director. The taxicab operator's insurance shall remain in force during the entire term of the license, and if such insurance is canceled or terminated, it shall be grounds for revocation or suspension of the license until a valid certificate is furnished to the finance director.

(Ord. 11-01 § 4, 2011)

Each taxicab operator shall, and by acceptance of the license, does agree to hereby indemnify and hold harmless the city, its officers, agents and employees from any and all damages, claims, liabilities, costs including attorneys fees, suits or other expenses resulting from and arising out of said taxicab operator's operations.

(Ord. 11-01 § 4, 2011)

The insurance required before a taxicab operator's license can be issued shall insure the public against any loss or damage that may result to any person or property from the operation of any taxicab used by the taxicab operator in its business as such. The amount of insurance should not be less than one million dollars ($1,000,000.00) per occurrence combined single limit for bodily injury and property damage. The city, its officers, agents and employees shall be named as additional insureds on any policy. Insurance shall include contractual liability to cover liability assumed in contract, shall include a severability of interest or equivalent wording, and shall specify that insurance coverage afforded to the city shall be primary.

(Ord. 11-01 § 4, 2011)

A. The finance director may give notice to a taxicab operator of his or her intention to revoke an operator's license. If he or she deems it will be a hazard to the health, safety or welfare, for the operator to continue operations pending a revocation hearing, the finance director may suspend the license and all rights and privileges thereunder until the hearing on revocation. The notice shall specify a time and place at which a hearing will be held by the finance director. The hearing shall be conducted not less than seven days after the date of the notice, unless the operator agrees to a shorter period of time. Unless the operator consents, a hearing must be held within ten days of a suspension. The notice shall specify the reasons for the proposed revocation in sufficient detail so as to fully inform the operator of the reasons which have caused the notice to be given, and if the license has been suspended the reasons for such suspension. A copy of the notice shall be sent to the sheriff.

B. The operator and sheriff shall each have the right to be represented by counsel, to call and examine witnesses, cross-examine witnesses, and argue their respective positions. The proceedings shall be informal, and strict rules of evidence shall not apply. All evidence shall be admissible which is of the kind that reasonably prudent persons rely on in making decisions.

C. The finance director shall render his or her decision in writing, and include the reasons therefor. The decision shall notify the operator and sheriff of their rights to appeal as set forth in Section 5.26.130. An appeal does not stay the decision of the finance director.

(Ord. 11-01 § 4, 2011)

A. The operator or sheriff may appeal the finance director's decision on revocation to the city council by filing an appeal in writing with the city clerk within 15 days after such decision.

B. After receipt of an appeal, the council shall set a time, date and place within 30 days after receipt of the appeal (or such longer period as to which the appellant consents) to hear the matter. The city clerk shall notify the operator, finance director and sheriff of the time and place of the hearing.

(Ord. 11-01 § 4, 2011)

The procedure for the revocation hearing before the city council shall be the same as for the hearing on disapproval of an application, as set out herein. The sheriff and the taxicab operator shall have all of the applicable prehearing and hearing rights of the sheriff and the applicant, respectively, set out in Section 5.26.070. The decision of the council shall be final.

(Ord. 11-01 § 4, 2011)

A. Taxicab operators shall not permit any person other than a taxicab driver, licensed in accordance with Article II of this chapter, to operate any of its taxicabs in which passengers are solicited or accepted for hire within the city.

B. Taxicab operators shall keep current the information furnished under Section 5.26.030. The information shall be furnished to the finance director.

(Ord. 11-01 § 4, 2011)