Chapter 6.36 — TAXICABS

"Driver" means every person in charge of, or operating, any taxicab as defined in this chapter, either as owner or employee or under the direction of owners or employees.

"Owner" means every person who in any manner has the proprietary use, ownership or control of any taxicab.

"Taxicab" means a motor-propelled passenger-carrying vehicle of a distinctive color or colors and which is of such a public appearance as is customary for taxicabs in common usage in this country, and which is operated at rates per mile or upon a waiting time basis or both, and is equipped with a taximeter, and which motor-propelled vehicle is used for the transportation of passengers for hire over and along public streets, not over a defined route, but as to route and destination in accordance with, and under the direction of the person hiring such vehicle.

"Taximeter" means a mechanical device attached to a vehicle for hire, by means of which device the authorized charge for hire of such vehicle is mechanically calculated on the basis of distance traveled, or for waiting time, or a combination of both, which charges shall be indicated upon such mechanical device by means of figures in dollars and cents. (1941 Code § 1437, Ord. 417, (1945); Ord. 1269 § 1, (1984); Ord. 1484 § 2, (1993))

It is unlawful for any person to engage in the business of operating any taxicab company, where passenger pick-up is within the city, without first obtaining an owner's permit from the police department. It is unlawful for any person to drive a taxicab, where passenger pick-up is within the city, without first obtaining a driver's permit from the police department. All permits shall be non-transferable. (Ord. 1484 § 2, (1993); Ord. 1540 § 1, (1996))

Any person desiring a permit to own or drive a taxicab shall first make an application therefor by filing with the license collector a sworn application in writing on a form to be furnished by the license collector which shall give the following information. An owner-driver may make a single application and pay a single fee.

(a) Name, residence and telephone number;

(b) The previous address of the applicant during the five years immediately prior to the present
address of the applicant;

(c) Social Security number and driver's license number, if any;

(d) Birth certificate or other written proof acceptable to the police department that the applicant
is at least 18 years of age;

(e) Fingerprints (taken by the police department for criminal history investigation);

(f) Business, occupation or employment of the applicant for the five years immediately
preceding the date of application;

(g) The business license and permit history of the applicant, including a list of other
jurisdictions in which the applicant holds a current owner's or driver's permit; whether such
person, in previously operating in this or another city or state, under license or permit has
had such license or permit revoked or suspended, the reason therefor, and the business
activity or occupation subsequent to such action of suspension or revocation;

(h) Owner or owner-driver applications shall include license number, make, model and year of
all vehicles the applicant proposes to operate, the location of any proposed depots and
offices, and the color scheme or insignia to be used to designate the vehicle or vehicles of
the applicant.

(i) Whether such person has ever been convicted of any crime, except misdemeanor traffic
violations. If any person mentioned in this subsection has been so convicted, a statement
must be made giving the place and court in which such conviction was had, the specific
charge under which the conviction was obtained and the sentence imposed as a result of
such conviction;

(j) Such other identification and information necessary to discover the truth of matters
hereinbefore specified as required to be set forth in the application;

(k) The application will also include a separately signed waiver and release authorizing the city
of Burlingame, its agents, and employees to seek information and to conduct an
investigation into the truth of the statements made on the application and the qualifications
and record of the applicant.

(l) The applicant shall provide two passport size photos taken within the last 30 days. (Ord. 1484 § 2, (1993); Ord. 1522 § 1, (1995); Ord. 1540 § 1, (1996))

No application for a new or renewed driver's permit shall be accepted without proof that the applicant has tested negative for controlled substances as set forth in Section 53.075.5(b)(3) of the Government Code. (Ord. 1540 § 1, (1996))

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the names and residence addresses of each of the officers, directors and each stockholder holding more than 10% of the stock of the corporation. The information hereinafter required shall be provided for each officer of the corporation. If the application is a partnership, the information hereinafter required shall be supplied for each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions above pertaining to a corporate applicant apply. (Ord. 1484 § 2, (1993))

All applications shall be accompanied by a filing and investigation fee in an amount as established by resolution adopted by the city council from time to time, no part of which is refundable. Applications for an owner's permit shall include a certificate of insurance meeting the requirements of this chapter. Additional fees may be charged to cover costs of processing the applicant's fingerprints by the state of California. Upon receipt of said application, the license collector shall refer the application to the police department which within 30 days of filing the application shall interview the applicant or any other person and make any other investigation necessary to approve or deny the permit, provided that said 30 days may be extended for such period as may be necessary to obtain fingerprint records from the appropriate state agency. (Ord. 1484 § 2, (1993); Ord. 1823 § 4, (2008))

At the time of the application for an owner's or owner-driver's permit, applicant shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 6.04 of this code. No business license shall be issued until the investigation is completed and the permit is approved. The business license shall be issued upon payment of the business license as provided in Chapter 6.04 of this code. In addition, each owner or owner-driver shall pay an annual business license of $25 for each vehicle operated under the permit. (Ord. 1484 § 2, (1993); Ord. 1540 § 1, (1996))

The police department shall issue an owner's permit if all required information has been furnished and the report filed finds that:

(a) The character of the applicant is satisfactory;

(b) The applicant has not been convicted of any crime which would cause him or her to be unfit to operate a taxi company;

(c) The applicant has not knowingly and with intent to deceive, made any false, misleading or fraudulent oral or written statements in his or her application or to any person investigating his or her application;

(d) That the name, monogram or insignia to be used upon the vehicles is not in conflict with and does not imitate any other name, monogram, or insignia used by any other person heretofore licensed by the city in such manner as to be misleading or tend to deceive or defraud the public.

The permit shall be denied if all of the above findings cannot be made or if all of the information required is not supplied to the city. If denied, the reasons therefor shall be endorsed upon the application, and the police department shall notify the applicant of the disapproval with a copy of the application upon which the reasons have been endorsed by first class mail.

(Ord. 1484 § 2, (1993); Ord. 1540 § 1, (1996))

The police department shall issue a driver's permit if all required information has been furnished and the report filed finds that:

(a) The character of the applicant is satisfactory;

(b) If the applicant is over 18 years of age;

(c) If the applicant possesses a valid driver's license issued by the state of California;

(d) If within the five years preceding the application the applicant has not been convicted of
reckless driving or driving under the influence of intoxicating liquors, drugs or narcotics;

(e) If the applicant has not been convicted of a felony or crime involving moral turpitude; and

(f) The applicant has not knowingly and with intent to deceive made any false, misleading or
fraudulent oral or written statements in his or her application or to any person investigating
his or her application.

The permit shall be denied if all of the above findings cannot be made or if all of the information
required is not supplied to the city. If denied, the reasons therefor shall be endorsed upon the
application, and the police department shall notify the applicant of the disapproval with a copy
of the application upon which reasons have been endorsed by first class mail.

(Ord. 1484 § 2, (1993); Ord. 1832 § 2, (2008))

In the event a permit has been denied, applicant shall have 10 days from the date of mailing the notice within which to appeal to the city council by filing a written application for a public hearing with the clerk of the city. Notice and public hearing shall be given as follows:

(a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before the council,
set a regular meeting thereof, within 30 days from the date of filing the appeal, and shall
give written notice of such hearing to the applicant at his or her address set forth in the
appeal by first class mail at least 10 days prior thereto;

(b) On the date set, the council shall hear the matter, and may continue it from time to time
before reaching a decision. If the council finds that the applicant has satisfactorily met all
of the requirements of this chapter, it shall order the issuance of the permit and business
license. If it finds that the requirements have not been met satisfactorily, it shall deny the
permit and license.

(c) All findings of the council shall be final and conclusive upon the applicant.
(Ord. 1484 § 2, (1993))

Any permit issued under this chapter shall be subject to suspension or revocation by the city manager for violation of, or for causing or permitting violation of, any provision of this chapter or for any grounds that would warrant the denial of such permits in the first instance.

Prior to the suspension or revocation of any permit issued under this chapter, the permittee shall be entitled to a hearing before the city manager or his or her designated representative, at which time evidence will be received for the purpose of determining whether or not such permit shall be suspended or revoked or whether the permit may be retained. In the event the permit is suspended or revoked, the notification of the reasons for such suspension or revocation shall be set forth in writing and sent to the permittee by means of first class mail.

In the event of suspension or revocation of any permit, the permittee may appeal to the city council in the manner as provided in Section 6.36.090. (Ord. 1484 § 2, (1993))

(a) Taximeter. It is unlawful for any owner or driver to operate any taxicab in the city unless and until such vehicle is equipped with a taximeter, and it shall be the duty of every owner operating a taxicab to maintain such taximeter in perfect condition so that it will at all times correctly and accurately indicate the correct charge for the distance traveled and waiting time. Such taximeter shall be at all times subject to inspection by the San Mateo county sealer of weights and measures.

(b) Dial of Taximeter. Every taximeter shall be equipped so as to register the cost of transportation of passengers in the city and the taximeter shall be so placed in the taxicab that the reading dial showing the amount to be charged may be readily seen by the passengers in the taxicab. It is unlawful for any owner, driver or operator of a taxicab in the city to charge any sum in excess of the amount shown on the dial for conveyance in the taxicab.

(c) Taximeter Flag. It is unlawful for a taxicab driver while carrying passengers to display the flag or the device attached to the taximeter in such position as to denote that the vehicle is for hire or to cause the taximeter to record when the vehicle is not actually employed or to fail to cause the device on the taximeter to be placed into a nonrecording position at the termination of each and every service.

(d) Rates. It is unlawful for the owner or driver of any taxicab in the city to fix, charge or collect for a service a rate more than the rate approved by resolution of the city council. Applications for any adjustment in rates shall first be filed in writing with the city clerk, setting forth justification for such adjustment and requesting a hearing thereon. The application shall include a comparison to rates being charged in other cities in San Mateo and Santa Clara Counties. The city council shall set the matter for hearing and any interested person may be heard concerning the requested adjustment. (Ord. 1484 § 2, (1993); Ord. 1740 § 2, (2004))

(a) All public passenger vehicles for hire shall be under the supervision and control of the chief of police, and he or she shall not permit any driver to operate any taxicab in the city while the same or any equipment used thereon, or therewith, is unsafe, defective or in an unsanitary condition. Every taxicab shall be at all times subject to the inspection of any police officer of the city.

(b) At least every 12 months every taxicab shall be safety checked by an independent state licensed auto service or repair facility which is an approved brake and lamp station. Written proof of the safety check shall be carried in each vehicle.

(c) Before placing any taxicab in operation under a permit issued pursuant to this chapter, the taxicab operator shall present the taxicab to the police department for inspection to ensure that the taxicab complies with the requirements of this chapter. In addition, not more than 60 days before the annual renewal of the operator's permit, the operator shall present all of its taxicabs that are being operated by the taxicab operator under the operator's permit to the police department for inspection to ensure that the taxicab complies with the requirements of this chapter.

(d) An inspection fee as established by resolution adopted by the city council from time to time shall be paid by the taxicab operator before the initial or annual city inspection is performed. (Ord. 1484 § 2, (1993); Ord. 1522 § 2, (1995); Ord. 1823 § 5, (2008))

Each owner shall carry liability insurance in the amount of not less than $350,000 per accident for bodily injury and property damage. All insurance shall name the city as additional insured; such insurance shall be primary to all others and shall contain a provision that it will not be canceled except upon 30 days' written notice to the city. All insurance carriers shall be admitted in the state of California. Evidence of current insurance shall be on file with the city clerk at all times. (Ord. 1484 § 2, (1993); Ord. 1505 § 1, (1994); Ord. 1540 § 1, (1996); Ord. 1708 § 2, (2003))

(a) Each taxicab operated by the holder of an owner's permit shall be painted and marked in accordance with the application currently on file with the license collector.

(b) No color, markings or insignia shall be allowed which is the same as or similar to the colors, markings or insignia then currently on file by any other permittee.

(c) Each taxicab shall, in plain view on each side of its exterior, have the business name and telephone number of the owner printed in letters at least two inches high. Magnetic or other temporary signs shall not be allowed. Each taxicab shall also display in such area the identifying number for the taxicab which number shall be issued by the police department.

(d) Each taxicab shall display a decal issued by the police department for that vehicle. A new decal shall be issued each year at the time of payment of the business license for the vehicle. No person shall alter, remove or transfer the decal to another vehicle. (Ord. 1540 § 1, (1996))

If an owner desires to replace any taxicab for which he or she has a permit with another taxicab, he or she shall so inform the police department in writing. The notification shall be accompanied by all pertinent information and data to identify the vehicle and shall be accompanied by a policy of insurance as required herein. The decal from the replaced vehicle shall be returned to the police department or evidence provided that it has been destroyed. In the event the police department finds that such taxicab fulfills the requirements set forth in this chapter, it shall permit such replacement. (Ord. 1540 § 1, (1996))

It is unlawful for any person, having the ability or authority to control the selection of taxicabs for hire at any premises, to solicit a fee or other compensation or favor for the purpose of granting preference or priority rights to any taxi. (Ord. 1505 § 2, (1994))

Any driver employed to transport passengers to a definite point shall take the most direct route that will take the passengers to their destination, safely and expeditiously. (Ord. 1484 § 2, (1993))

It is unlawful for any person, except where credit is extended, to refuse to pay the lawful fare, as fixed in this chapter, for the use of any taxicab, after hiring the same. (Ord. 1484 § 2, (1993))

It is unlawful for any driver, operating under a permit issued pursuant to the terms of this chapter, to refuse, when the vehicle is in service and not otherwise engaged, to provide service to or from any location in the city or to refuse to transport any person who presents him or herself for carriage in a sober and orderly manner and for a lawful purpose. (Ord. 1484 § 2, (1993))

The driver's permit shall be fixed in a conspicuous place in the taxicab so as to be seen from the passenger's compartment. It shall display a photo of the driver and shall set forth the name, address and telephone number of the owner of the taxicab and the name of the driver. (Ord. 1484 § 2, (1993); Ord. 1522 § 3, (1995))

The owner shall notify the city immediately upon termination of a driver's employment. The driver's permit shall become void upon such termination and shall be returned to the police department. It may be renewed upon reemployment under the procedures set forth in Section 6.36.190 hereof. (Ord. 1484 § 2, (1993); Ord. 1540 § 1, (1996))

(a) Every operator's permit shall be renewed annually, no later than June 1st of each year. Any permit not renewed shall be null and void on July 31st of that year.

(b) Every driver's permit shall be renewed annually, no less than 90 days prior to the anniversary date of its issuance. Any permit not renewed shall be null and void on such anniversary date.

(c) The investigation fee for renewals shall be as established by resolution adopted by the city council from time to time, no part of which is refundable. Additional fees may be charged to cover costs such as processing fingerprints. Prior to permit renewal being granted the permittee must provide a new photograph and current information concerning any changes to the facts set forth in the original application. Failure to renew the permit in a timely manner shall be cause for requiring a completely new permit. (Ord. 1484 § 2, (1993); Ord. 1540 § 1, (1996); Ord. 1823 § 6, (2008))