Concord Municipal Code Art. III Owner’s Permits

(a) Owner’s permit required. It shall be unlawful for any person to own or operate any taxicab in the city unless the person has first obtained an owner’s permit pursuant to the provisions of this article.

(b) Number of taxicabs authorized. The City Council finds that the public convenience and necessity require that one taxicab be available for approximately each 2,400 residents or a portion thereof. The holder of a taxicab owner’s permit shall have a minimum of five taxicabs as provided in section 5.95.110(a)(6) of this Code.

(Code 1965, § 6321; Code 2002, § 118-54. Ord. No. 854; Ord. No. 11-7)

(a) The application for said owner’s permit shall be in writing, executed under penalty of perjury, and filed with the Chief of Police, along with permit fees as described in section 5.95.140. Such application shall contain the following:

(1) The full name and identification of the applicant and all persons who will be financially interested, whether directly or indirectly, in the permit;

(2) The residence, business address, and citizenship of the applicant, including all members of any firm or partnership, or if the applicant is a corporation, the same information for all officers and directors and of any shareholders owning 20 percent or more of the voting stock of the corporation;

(3) The address or location where the applicant intends to store, park and service the applicant’s vehicles, if different than the business address given, pursuant to subsection (2) of this section;

(4) The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated;

(5) Whether or not any permit to operate a taxicab in any jurisdiction has been revoked and, if so, the circumstances of such revocation;

(6) Proof that a taxi owner applicant is prepared to operate with at least five four-door vehicles large enough to assure the comfort and safety of the passenger(s);

(7) A complete description of the vehicles proposed to be operated, including manufacturer, model, year of manufacture, license number, horsepower, type of brakes, type of steering, passenger capacity, modifications of factory equipment, and a detailed description of the type and nature of the proposed operation;

(8) The color scheme and characteristic insignia to be used to designate the vehicles of the owner;

(9) Such other information as the Chief of Police, in his discretion, deems reasonably necessary to process the application, to conduct an adequate background investigation, and to determine the safety of the vehicle, as well as the service to be rendered.

(10) An agreement to indemnify, defend, and hold the City harmless against any and all liability arising from the operation of the vehicles to be covered by the owner’s permit.

(b) It shall be the obligation of the owner to update the Police Department within seven (7) business days when any of the information required to be submitted in accordance with subsection (a) above is subject to change.

(Code 1965, § 6322; Code 2002, § 118-55. Ord. No. 854; Ord. No. 11-7)

(a) After receiving the owner’s application, the Chief of Police will conduct an investigation thereon. Within 90 days of completing the investigation the Chief of Police shall either grant or deny the application for a permit. If the Chief of Police denies the application, such denial shall be based on one or more of the following:

(1) Any taxicab proposed to be operated is inadequate or unsafe for the purpose intended;

(2) The applicant or any person financially interested in the application has been convicted of a felony or of any penal law involving moral turpitude;

(3) The applicant has falsified his application;

(4) The proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another owner operating in the city;

(5) The name under which the applicant proposes to operate will tend to cause confusion with that of another owner operating in the city;

(6) The applicant cannot procure insurance as required by sections 5.95.340 and 5.95.350 of this Code;

(7) The applicant does not have adequate facilities for parking, storage and servicing of its taxicabs;

(8) Granting the applicant an owner’s permit would exceed the number of taxicabs permitted to operate within the city as provided in section 5.95.100(b);

(9) In the case of a renewal application, the holder of the owner’s permit, after hearing, failed to comply with the advertising requirements of Government Code section 53075.9.

(b) If the Chief of Police approves the permit, failure of the applicant to place the taxicab into service within 30 days after approval shall subject the applicant to permit revocation proceedings pursuant to section 5.95.170.

(c) Upon issuance of the permit, the Chief of Police shall cause a notice to be served on other holders of owner’s permits of taxicabs within the city that a permit has been granted. Said notice shall inform the holders of those permits of the right to appeal to the City Manager or their designee and on what grounds an appeal can be considered.

(Code 1965, § 6323; Code 2002, § 118-56. Ord. No. 854; Ord. No. 87-21; Ord. No. 11-7)

If such permit is granted, it shall contain the following provisions:

(1) The name of the permittee;

(2) The term for which the permit is granted, however, the city may periodically review the records and operation of the operator to determine if the owner is complying with this article and may act accordingly;

(3) A brief description of each vehicle and a statement of the maximum seating capacity of each such vehicle which the permittee is permitted to operate;

(4) The number of taxicabs to be operated by the owner, and that the owner shall procure prior approval by the Chief of Police, before operating any additional taxicabs over and above the number granted and under the original permit herein. The Chief of Police shall develop a policy for allocating available taxicabs among the permittee’s authorized to operate within the City.

(5) Such conditions or additional matters as the Chief of Police may deem necessary or proper;

(6) No permit shall be issued to any person unless such person shall have filed with the office of the City Clerk a certificate of insurance as evidence of automobile liability insurance providing bodily injury liability limits of not less than $100,000 for each person, and $300,000 for each accident or occurrence, and property damage liability of not less than $50,000. The insurance obtained by the permittee shall comply with the requirements of sections 5.95.340 through 5.95.350 inclusive.

(Code 1965, § 6324; Code 2002, § 118-57. Ord. No. 854; Ord. No. 86-17; Ord. No. 11-7)

(a) Amount. Permit fees for taxicabs shall be the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(b) Due date. Permit fees are payable annually on January 1.

(c) Lapse of Permit. Failure to pay a permit fee when due shall cause said permit to lapse.

(Code 1965, § 6325; Code 2002, § 118-58. Ord. No. 854; Ord. No. 16; Ord. No. 95-6; Ord. No. 11-7)

Notwithstanding the provisions contained in this article, the applicant shall, unless exempt therefrom, procure a city business license pursuant to chapter 5.05, of this Code.

(Code 1965, § 6326; Code 2002, § 118-59. Ord. No. 854; Ord. No. 95-6; Ord. No. 11-7)

(a) Term. An owner’s permit issued pursuant to this article shall be for a calendar year and signed by the Chief of Police. Such permit shall be posted conspicuously in the owner’s principal place of business located within the city. Such permit shall expire on December 31 in the year it was issued.

(b) Renewal. An owner’s permit may be renewed by filing with the Chief of Police an application for renewal at least 30 days prior to expiration. The renewal application shall set forth the information requested in the original application. Said application for renewal shall be subject to investigation pursuant to section 5.95.110 of this Code. Renewal applications must be made prior to expiration of issued owner’s permit. If owner’s permit is renewed after expiration date, the application will be considered as new.

(c) Transferability. No owner’s permit issued under this article shall be assignable or transferable.

(Code 1965, § 6327; Code 2002, § 118-60. Ord. No. 854; Ord. No. 11-7)

(a) A permit issued to an owner under this article may be suspended immediately upon a finding by the Chief of Police that the holder has engaged in conduct that presents an immediate risk to the continued health, safety, and/or welfare of the general public. Any suspension may be appealed per the terms of this Article.

(b) A permit issued to an owner under this article may be revoked for cause by the Chief of Police or his designee, after notice and hearing, for any of the reasons specified as grounds for denial of the issuance of the permit, for violation of any of the provisions of this article, for failure to procure insurance or renew insurance or update the schedule of insured vehicles as required under this article, or for failure to pay any judgment for damages arising out of the operation of vehicles for which permits have been issued pursuant to this article.

(Code 1965, § 6328; Code 2002, § 118-61. Ord. No. 854; Ord. No. 11-7; Ord. No. 95-6)