Part 1 — Peddlers and Solicitors

No peddler, solicitor, hawker, itinerant merchant, transient vendor or merchandiser or other person shall enter upon any premises within the City or ring a bell or knock on the door of any residence, dwelling, flat or apartment for the purpose of soliciting orders for the sale of or for the purpose of selling goods, wares, merchandise, newspapers, books, periodicals, magazines, insurance, stocks, or accounts, services, or any other thing or for the purpose of advertising or demonstrating the same or for the purpose of disposing of or peddling the same, or for the purpose of buying, or soliciting the sale of any junk, rags, bottles, old metal or other similar items for salvage without first having received from the Chief of Police a permit to conduct or carry on such activity, business or enterprise.

Notwithstanding any of the provisions of this section to the contrary, no person licensed under and pursuant to the provisions of Chapter 5, Part 2, Division 1 of the Insurance Code of the State of California or any person licensed under and pursuant to the provisions of Chapter 1, Part 1, Division 4, Section 10000, of the Business and Professions Code of the State of California pertaining to licensing of real estate brokers and sales agent shall be required to obtain a permit pursuant to the provisions of this section.

Provided, however, that the provisions of this section shall not apply to newspaper carriers 18 years of age or under who also act as solicitors and collectors for their own districts. (Amended by Ord. 313, adopted 10-10-66; Ord. 795, adopted 7-9-85)

No person shall do any of the things referred to in Section 6500, except between the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday. (Amended by Ord. 314, adopted 10-10-66)

No person shall pursue solicitation, as defined in Section 6500, at any house, apartment or other dwelling where there is affixed or posted, at or near the main entry thereof, a sign indicating "No Solicitors," or similar indication that no solicitation contact is desired by the occupant thereof. (Added by Ord. 794, adopted 6-11-85)

Every home solicitation transaction shall be subject to the following:

• (1) The consumer may, within a reasonable time, but not to exceed 20 days following delivery:

  • (a) Cancel the order;

  • (b) Refuse to accept the goods when delivered, without obligation to pay for them; or

  • (c) Return the goods to the seller and receive a full refund for any amount the consumer has paid; and

• (2) (2) The consumer's right of cancel the order, refuse delivery or return the goods, without obligation or charge, shall be clearly and legibly printed on the face or reverse side of the sales ticket, or clearly and legibly printed in or on the package. Compliance with this request shall be demonstrated at the time the permit is issued.

• (Added by Ord. 794, adopted 6-11-85)

It shall be unlawful for solicitors, peddlers or persons soliciting for any purposes to:

• (a) Use any deceptive plan or scheme;

• (b) Fail to disclose to the prospective customer, at the outset, his or her name and the company and product line he or she represents;

• (c) Fail to show upon request, company identification setting forth his or her name and the company's name and address;

• (d) Misrepresent the right of a buyer to rescind or cancel a sale under prevailing law;

• (e) Make any material misrepresentations as to affiliation, connection or association with or certification by another;

• (f) Represent that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship, approval, status, qualification, affiliation or connection that he or she does not have;

• (g) Represent that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;

• (h) Make false or misleading representations of fact concerning the reasons for existence of, or amounts of price reductions;

• (i) Fail to immediately leave a dwelling, house, apartment, residence or place of business in an orderly fashion after having been requested to do so by the owner or occupant thereof;

• (j) Impede the free use of sidewalks and streets by pedestrians and vehicles;

• (k) Make any loud noise or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one hundred (100') foot radius of the source; or

• (l) Cause rubbish or litter to be deposited in or around the area in which he or she is conducting business.

(Added by Ord. 794, adopted 6-11-85)

Part 2 Dance Halls

Public Dance Hall is any place of business where two or more persons dance or are permitted, whether for profit or not for profit, and to which the public is admitted or permitted to dance with or without charge.

(Added by Ord. 30, adopted 5-13-57)

Public Dance is any dance where two or more persons dance in or upon any premises to which the public is admitted, either with or without charge, and whether such dancing is done or permitted as the main purpose or as an incident to some other purpose, except where such two or more persons dancing together are putting on a show, exhibition or other form of entertainment in which the audience or public does not participate. (Added by Ord. 30, adopted 5-13-57)

Café entertainment shall mean any entertainment presented at any public place where food or beverage is sold, offered for sale, or given away, or shall mean any such place where entertainment is provided in any manner, furnished, allowed or permitted to be carried on.

For the purposes of this section, entertainment includes any live performance, public dancing, use of any juke box, karaoke machine or similar device, any event broadcast over cable, closed circuit, or satellite television, any other public performance which attracts or keeps the attention of others, or any event in which a cover charge is required for admission. (Added by Ord. 168, adopted 4-25-61; amended by Ord. 1042, adopted 5-13-97)

Dancing club is any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests more than once per month and for the attendance at or participation in which a dance fee is charged, or at which dance any collection or donation of money is made or received or in which club or association the amount of dues paid by each member is dependent upon or related to the attendance at such dances. (Added by Ord. 168, adopted 4-25-61)

Civic dance is any casual event held by any bona fide memorial, fraternal, or civic association, or held under the auspices of a school, public recreation or community service organization. (Added by Ord. 168, adopted 4-25-61)

No person shall conduct or operate any public dance hall, or permit any public dance or dancing, or conduct or operate any place having café entertainment unless such person in charge of operating or having control of such public dance hall, or such place where such public dance is taking place, or such place where such café entertainment is permitted or allowed has received a permit from the Chief of Police authorizing the conduct or operation of such public dance hall, public dance, or place of café entertainment. A $45 filing and processing fee shall be required with each such application; provided, however, such fee shall not be required if the applicant is an organization described in Section 6205.1 of Part 1 of Chapter 2 of this article. (Amended by Ord. 168, adopted 4-25-61; Ord. 469, adopted 11-11-74)

No permit shall be required to conduct or operate any dancing club or civic dance; provided, however, before any activity defined as a dancing club or civic dance is conducted or carried on, there shall be submitted to the Chief of Police an application specifying the date, time, and location, the sponsoring organization, and such other information as may be required by the Chief of Police in order to afford him or her sufficient information to determine that such proposed activity comes within the definition of a dancing club or civic dance as set forth in this part. Upon the receipt of such an application, the Chief of Police, if he or she is satisfied that the proposed activity comes within such definitions, shall approve such application, and, after such approval, such activity may be carried on. The Chief of Police may attach such conditions to such approval as may be necessary to carry out the spirit and purposes of this part. (Added by Ord. 168, adopted 4-25-61)

No person shall operate, be in control of, or have the management of any place or activity for which a person is required under this part which place or activity is operated, conducted, or permitted to be operated or conducted contrary to the provisions of Sections 6507.1 through 6507.6; nor shall such place or activity be operated or conducted, or be permitted to be operated or conducted, contrary to any regulations adopted by the Chief of Police which may be reasonably necessary to protect the public peace, health, safety, morals, and general welfare of the citizens of the City.

(Amended by Ord. 168, adopted 4-25-61)

No person shall operate any premises or carry on any activity at any such premises for which a permit is required under this part between the hours of 1:30 a.m. and 10:00 a.m. (Added by Ord. 168, adopted 4-25-61)

No person shall conduct any public dance in any public dance hall, restaurant or cocktail lounge wherein public dancing is carried on or permitted and wherein or whereat alcoholic beverages are sold, offered for sale, or consumed unless a permit therefor has been issued by the Chief of Police.

(Added by Ord. 168, adopted 4-25-61)

No minor shall be permitted in any place for which a permit is required under this part wherein or whereat alcoholic beverages are sold, offered for sale, or consumed. (Added by Ord. 168, adopted 4-25-61)

No minor under the age of 18 years shall be permitted in any public dance hall or at any public dance for which a permit has been issued unless accompanied by a parent or guardian. (Added by Ord. 168, adopted 4-25-61)

All places for which a permit is required by this part, during the hours when the activity for which the permit is required is being carried on or during the hours such place is open or available for such purposes, shall be illuminated sufficiently so that there shall be average illumination of at least 50 foot-candles at a height of 30 inches from the floor of the premises. (Added by Ord. 168, adopted 4-25-61)

No permit shall be issued to conduct or operate any public dance hall, dancing club, or public dance at any establishment having less than the following prescribed area set aside and reserved exclusively for dancing, such area to be exclusive of hallway space:

• (a) 175 square feet of dance floor where the seating capacity of the establishment is not more than 75 persons;

• (b) 225 square feet of dance floor where the seating capacity of the establishment is not more than 100 persons; and

• (c) 300 square feet of dance floor where the seating capacity of the establishment is in excess of 100 persons.

(Added by Ord. 168, adopted 4-25-61; amended by Ord. 469, adopted 11-11-74)

Whenever there is presented to the Chief of Police a request to void or waive the provisions of Section 6507 and, upon the evidence presented to the Chief of Police, he or she determines that the waiver of such provisions will not constitute a violation of the spirit of this part, and that such waiver will not be detrimental to the public peace, health, safety, morals, and general welfare of the citizens of the City, and that, by reason of the circumstances peculiar to the particular instance, the provisions of Section 6507 reasonably cannot be met, he or she may authorize a waiver of such provisions for a public dance if it is to be for one night only or if for more than one night but not more than three consecutive nights is to be a dance for which no permit is required pursuant to the provisions of Section 6506.1.

(Added by Ord. 68, adopted 4-25-61)

(Repealed by Ord. 168, adopted 4-25-61)

Part 2A Hire Vehicles

For the purpose of this chapter, the words and phrases defined in the following eight sections shall be deemed and construed to have the meanings respectively ascribed to them, unless from the particular context, it clearly appears that some other meaning is intended. (Added by Ord. 45, adopted 8-26-57)

Shall mean and include every motor vehicle of private appearance not equipped with a taximeter and which is operated and hired from a public or a private garage only, and the destination and route of which are under the control of the passengers being carried therein, for a compensation which is fixed in accordance with the distance traveled, waiting time, or both. No automobile for hire shall be painted a distinctive color for the purpose of identification. (Added by Ord. 45, adopted 8-26-57)

Shall mean and include every person in actual charge and control of any taxicab, automobile for hire or motorbus as the driver thereof. (Added by Ord. 45, adopted 8-26-57)

Shall mean and include every motor vehicle used in the business of carrying passengers for hire which received and discharges passengers along the route traversed by it, but shall not include a street or interurban railway car, a hotel bus, a sightseeing bus, a taxicab or an automobile for hire.

(Added by Ord. 45, adopted 8-26-57)

Shall mean every self-propelled vehicle used for transportation of persons over the public highways otherwise than upon fixed rails or tracks. (Added by Ord. 45, adopted 8-26-57)

Shall mean and include every person owning or controlling any motorbus, taxicab or automobile for hire.

(Added by Ord. 45, adopted 8-26-57)

Shall mean and include a portion of the street designated by the traffic engineer for the sole use of taxicabs while waiting for employment. (Added by Ord. 45, adopted 8-26-57)

Shall mean and include every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers for hire, and which is rented from a public or a private garage or any fixed stand or location, and the destination and route of which are under the control of the passenger being carried therein.

(Added by Ord. 45, adopted 8-26-57)

Shall mean and include a mechanical instrument or device by which the charge for hire of a passenger carrying vehicle is mechanically calculated and receipted either for distance traveled or for waiting time or both, and upon which such charge is indicated by means of figures and a printed receipt.

(Added by Ord. 45, adopted 8-26-57)

Every person carrying passengers for hire in any motor vehicle in the City, shall obtain a license therefor and pay the license fee provided for by this article. Such license shall not be issued until a permit for the use of such motor vehicle has been obtained as provided in this chapter. (Added by Ord. 45, adopted 8-26-57)

This chapter shall not apply to taxicabs or any other automobile for hire which are providing private service to qualified senior citizens and disabled persons as part of the City Dial-A-Ride Program or to the general public as part of the City's Downey-Link Program pursuant to a valid contract with the City. Requirements for the operation of the Downey-Link and Dial-A-Ride taxi services shall be set forth in the operating agreement with the City. (Added by Ord. 1353, adopted 2-23-16)

All drivers employed by any given owner, while on duty, shall wear a distinctive badge bearing the driver's number. Only such badges shall be worn as have been approved by the Chief of Police for use by drivers employed by a particular owner. Badges shall be worn in a conspicuous position. Upon the termination of the employment of any driver, the owner for whom such driver has been working shall immediately give the Chief of Police written notice of such termination. (Added by Ord. 45, adopted 8-26-57)

All owners or operators of taxicabs and automobiles for hire shall file with the City Clerk reasonable and uniform tariffs or schedules of fares. No person shall charge, collect or receive any other or different compensation for the use of such taxicab or automobile for hire than that specified in the tariff or schedule of fares on file and at the time in effect. Such tariffs and schedules of fares shall not be amended, except with the consent of the Council. (Added by Ord. 45, adopted 8-26-57)

Every motorbus shall have attached to the front side of the lower part of its windshield, at all times while it is in operation, a sign stating the termini of its route, and the main streets traversed thereby and the rate of fare charged for carrying passengers therein. Such sign shall be of white letters and figures on a black background. Each letter of figure thereof shall be at least one-half inch in width.

(Added by Ord. 45, adopted 8-26-57)

Every taxicab and automobile for hire shall be displayed in a conspicuous place in the passenger compartment thereof at all times a sign stating in clearly legible character the rates of fare charged for carrying passenger therein, the owner's name or the fictitious name under which he operates, the business address and telephone number of such owner and the license number furnished by the Director of Finance.

(Amended by Ord. 120, adopted 2-10-59)

No owner or driver of any taxicab operated in the City pursuant to the terms of this chapter, shall have any such vehicle not equipped with a taximeter of such type and design as may be approved by the Chief of Police. The owner of such taxicab shall keep such meter accurate at all times. Such meter shall be subject to inspection from time to time. The Chief of Police is authorized at this instance or upon the complaint of any person, to investigate such taximeter and upon his discovery of any inaccuracy of such taximeter to remove or cause to be removed from service any such vehicle equipped with such taximeter until such taximeter shall have been repaired and accurately adjusted.

(Added by Ord. 45, adopted 8-26-57)

The charge for any service to all patrons of a taxicab shall be calculated and indicated by a taximeter which shall be placed in each vehicle so operated so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in any such taxicab.

(Added by Ord. 45, adopted 8-26-57)

No driver of any taxicab, while carrying passengers, shall display the 'flag' attached to the taximeter in such position as to denote that such vehicle is not employed or to fail to throw the 'flag' of the taximeter to the 'home' or 'for hire' position at the termination of each and every service.

(Added by Ord. 45, adopted 8-26-57)

No driver of any taxicabs, upon receiving full payment for a fare as indicated by the taximeter, shall refuse to give a receipt upon the request of any passenger making such payment. (Added by Ord. 45, adopted 8-26-57)

It shall be the duty of the driver of every motorbus, unless all seats provided for passengers on such motorbus are occupied, to receive and carry on such motorbus all persons who apply for passage thereon along its route and tender the proper fare therefor, except persons who are intoxicated or are conducting themselves in a boisterous or disorderly manner. (Added by Ord. 45, adopted 8-26-57)

The services of a taxicab operating pursuant to any permit granted under the provisions of this chapter shall be available only upon telephone call, engagement of the taxicab when parked at a regular stand or when hailed from the street, sidewalk or curb, but not otherwise. No taxicab driver, owner, or his agent shall solicit passengers. (Added by Ord. 45, adopted 8-26-57)

The services of an automobile for hire operating pursuant to any permit granted under the provisions of this chapter shall be available only upon telephone calls or upon engagement at the public or private garage from which such vehicle is operated. No person shall cruise, or cause or permit to be cruised, any automobile for hire. An automobile for hire shall be deemed to be cruising when it solicits or takes on any passenger other than in response to an order given at its garage or in response to a telephone call requesting transportation. (Added by Ord. 45, adopted 8-26-57)

When a taxicab or automobile for hire is engaged, the occupants shall have the exclusive right to the full and complete use of the passenger compartment, and no owner or driver of such taxicab shall solicit or carry additional passengers therein. (Added by Ord. 45, adopted 8-26-57)

No person shall refuse to pay the legal fare of any of the vehicles regulated by the provisions of this part after having hired the same, and any person who shall hire any such vehicle with the intent to defraud the person from whom it is hired shall be deemed to have violated the provisions of this section.

(Added by Ord. 45, adopted 8-26-57)

Any driver employed to carry a passenger to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination. (Added by Ord. 45, adopted 8-26-57)

No driver of any motorbus shall deviate more than three blocks from the route along which a permit to operate the same has been granted or stop and turn back before reaching the terminus of such route; provided, however, any motorbus may deviate not more than five blocks from such route to a church or school or to any public attraction or demonstration; and provided, further, the Council may, upon application, where it appears necessary, issue a temporary permit to deviate from the permitted route. In the event of any deviation from its authorized route, such motorbus shall return at once to the point of diversion and proceed from such point in the same direction in which it was going before such deviation until a terminus of the route is reached. (Added by Ord. 45, adopted 8-26-57)

(Added by Ord. 45, adopted 8-26-57; repealed by Ord. 374, adopted 11-10-69)

The Traffic Engineer shall designate in any stand permit granted the exact location of the stand in which the taxicab may park. No such stand shall be wider than fourteen (14') feet on streets where parking at an angle is permitted or twenty (20') feet on streets where parallel parking is required. Upon the granting of such permit, every stand as designated shall be marked. (Added by Ord. 45, adopted 8-26-57)

No owner or driver of any taxicab or automobile for hire shall park or stand the same upon any public highway in the City for any period of time longer than is necessary to discharge or receive passengers then occupying or then waiting for such taxicab or automobile for hire; provided, however, a taxicab may park in a permitted stand. (Added by Ord. 45, adopted 8-26-57)

Any one stand, as defined in Section 6521 of this part, granted to any person may be used jointly by any two or more persons holding taxicab owners' permits pursuant to the provisions of this part by the mutual consent of such persons, which consent shall be first reduced to writing, properly signed, and filed with the Chief of Police. (Added by Ord. 45, adopted 8-26-57)

No stand shall be changed except upon written application to the Traffic Engineer setting forth the proposed new location and his approval thereof. (Added by Ord. 45, adopted 8-26-57)

No owner or driver shall operate, or cause to be operated, any taxicab, automobile for hire or motorbus while the same or any of the equipment used thereon or therewith shall be in a defective, unsafe or unsanitary condition. Every taxicab, automobile for hire or motorbus shall at all times be subject to the inspection of any police officer or sanitary inspector of the City. (Added by Ord. 45, adopted 8-26-57)

No owner or driver shall drive or operate any taxicab, automobile for hire or motorbus, or cause the same to be driven or operated, unless there is on file with the City Clerk and in full force and effect at all times while such taxicab, automobile for hire or motorbus is being operated an insurance policy, approved by the Council, in a solvent and responsible company, insuring the owner of such taxicab, automobile for hire or motorbus against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such taxicab, automobile for hire or motorbus, or from violation of the provisions of this chapter or of the laws of the state. Such policy may be limited to $100,000 for the injury or death of one person, and $300,000 for the injury or death of two or more persons in the same accident, and to $10,000 for injury or destruction of property. Such policy of insurance shall guarantee the payment to any and all such persons suffering injury or damage to person or property, of any final judgment rendered against such owner, within the limits above mentioned, irrespective of the financial condition or any acts or omissions of such owner, and shall insure to the benefit of such persons. If, at any time, such policy of insurance shall be cancelled by the company issuing the same, the Council shall require the owner to replace such policy with another policy or bond as above provided, satisfactory to the Council, and in default thereof forthwith may revoke such owner's permit and license. (Added by Ord. 45, adopted 8-26-57)

No person shall operate or cause to be operated at any point in the City any taxicab, automobile for hire or motorbus, unless there shall have been issued an owner's permit to the owner and a driver's permit to the driver thereof and unless each such permit shall be in full force and effect. (Added by Ord. 45, adopted 8-26-57)

An application fee in the sum as established by City Council resolution shall be required to be paid by every person seeking an owners' permit to operate any taxicab or automobile for hire. An application fee in the sum as established by City Council resolution shall be required to be paid for each stand or change of location thereof for which a permit is applied. An application fee in the sum as established by City Council resolution shall be required to be paid by each applicant for a driver's permit. All such application fees shall accompany the application. (Added by Ord. 45, adopted 8-26-57; amended by Ord. 875, adopted 1-10-89)

No permit granted pursuant to this article shall be transferable. (Added by Ord. 45, adopted 8-26-57)

When an owner's permit is granted under the provisions of this chapter, the Director of Finance shall issue to the grantee thereof a certificate giving the name and address of such grantee, the nature of the permit granted, and the date when the same was granted. (Added by Ord. 120, adopted 2-10-59)

An owner having a permit for the operation of a taxicab, automobile for hire or motorbus, desiring to operate additional motor vehicles of the same type and classification shall file an application therefor with the Chief of Police. The application shall be verified under oath and shall set forth the information required by this article in an original application. The Chief of Police shall then issue a permit to operate such additional motor vehicles. (Added by Ord. 45, adopted 8-26-57)

The route of any motorbus may be changed with the consent of the Council. A written application for such consent shall be filed, heard and determined in the same manner as an original application.

(Added by Ord. 45, adopted 8-26-57)

Any owner having a permit for the operation of a taxicab, automobile for hire or a motorbus may substitute another motor vehicle for that for which such permit was granted, but before doing so shall obtain and file with the Director of Finance the consent of the insurer on his policy of insurance to such substitution. No such substitution shall continue longer than seven days unless a permit shall be obtained from the Director of Finance for such substituted motor vehicle in the same manner as provided for additional vehicles.

(Amended by Ord. 120, adopted 2-10-59)

No person shall drive or operate any taxicab other than one bearing the color scheme, name, monogram or insignia set forth in the application for the permit. No person shall change the color scheme, name, monogram or insignia without first having obtained the consent of the Council. (Added by Ord. 45, adopted 8-26-57)

Any motor vehicle for which a permit has been issued under this article shall be operated by the owner, personally, or his employee, on his behalf, and no owner or driver shall enter into any contract, agreement or understanding between themselves by the terms of which such driver pays to, for the account of, such owner a fixed or determinable sum for the use of such vehicle. (Added by Ord. 45, adopted 8-26-57)

Notwithstanding any of the provisions of this Code to the contrary, any owner desiring to obtain the permit required by Section 6524 of this Code, shall make application therefor to the Chief of Police:

• (a) The name, age, business address, residence and citizenship of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of its principal officers, together with their respective addresses; of if a partnership, association or unincorporated company, the names of the partners, or the persons comprising the association or company, with the place of business and residence of each such partner or person.

• (b) A description of each motor vehicle which the applicant proposes to use, giving the type of each vehicle, the license plate and VIN number, the name of the manufacturer thereof, the horsepower, and the seating capacity thereof, according to its trade or factory rating; or if a truck, the actual carrying and seating capacity thereof.

• (c) The name, street number and exact location of the public or private garage where vehicles will be serviced.

• (d) A schedule of the rates of fare to be charged for carrying passengers.

• (e) The past experience of the applicant in the matter to which the requested permit appertains; and the name, address, and past experience of the person to be in charge of the premises or business.

• (f) A verified Balance Sheet, Statement of Cash Flows and a Statement of Profit and Loss for the applicant's business for the two previous fiscal years. If applicant is a sole proprietor of a startup business, applicant shall submit documents indicating proof of capital such as a letter of credit or bank statements from a financial institution as well as tax returns for the last two years. If the applicant is a partnership, the partnership shall submit documents indicating proof of capital, and each partner shall submit tax returns for the last two years. This information will be reviewed by the Director of Finance.

• (g) A list of any other permits or licenses from other cities for the provision of taxicab services as well as a list of any revocation, suspension, denial or termination of any of the permits or licenses for the provision of taxicab services.

• (h) Such further information as the Chief of Police or such official of the City to whom the application may be referred, may require.

(Added by Ord. 45, adopted 8-26-57; amended by Ord. 1135, adopted 10-22-02)

If the application referred to in the preceding section is for a permit to operate taxicabs, it shall also set forth:

• (a) The street number and exact location of the place where the applicant proposes to stand each such taxicab.

• (b) If the proposed stand is in a public highway, such application shall be accompanied by a list in writing, setting forth the names and respective addresses of all lessees or sublessees and owners in actual or constructive possession of the ground floor of any building or parcel of real estate contiguous to that portion of the highway where such stand is proposed to be located; provided, that if such names cannot, with due diligence, be ascertained, such facts shall be stated opposite the respective address in such list.

• (c) The color scheme, name, monogram or insignia which the applicant proposes to use.

• (d) That each of the applicant's taxicabs will be equipped with a taximeter which will correctly compute and indicate the amount charged, distance traveled or the time elapsed, and shall be affixed to the taxicab in such manner that the reading dial showing the amount to be and being charged shall be readily discernible from the passenger compartment during all times that such taximeter is operating.

(Added by Ord. 45, adopted 8-26-57)

Upon receipt of any application for an owner's permit referred to in the two preceding sections, the Chief of Police or his/her designee shall investigate the application and may grant such a permit if the investigator finds:

• (a) That each vehicle described therein is adequate and safe for the purpose for which it is to be used and is equipped as herein required;

• (b) That the applicant has complied with all the terms and conditions of this chapter; and

• (c) That the proposed operations are desirable to the City.

• (d) That the public convenience and necessity require the issuance of the permit.

The Chief of Police shall have power to determine all issues relative to granting or denying owner's permits for taxicabs, automobiles for hire, motorbuses, and stands.

(Added by Ord. 45, adopted 8-26-57; amended by Ord. 1135, adopted 10-22-02)

In case of an application for a taxicab permit, the Council must determine that:

• (a) Color scheme, name, insignia, etc.. The color scheme, name, monogram or insignia to be used upon such car is not in conflict with, does not imitate any color scheme, name, monogram or insignia used by another person in such manner as to be misleading, or tend to deceive or defraud the public, or that a color scheme, name monogram or insignia has theretofore been designated for the applicant.

• (b) Location of stand; notice and hearing by Council. The location of the stand is such that it will not congest or interfere with travel on any public street nor the use of any public street by the public; and is not prohibited by any ordinance of the City; provided, however, that no permit shall be granted for a proposed stand on a public highway in the City until notice has been given by the City Clerk to the persons whose names are required to be set out in the list as provided for in paragraph (b) of Section 6533.1 of this Code, and ten days shall have elapsed from the time of giving such notice. Such notice shall be writing and state that an application has been made for a taxicab stand; where the same is proposed to be located, and shall require any protests against the granting of the same to be made in writing to the Council within ten days from the date thereof. The notices herein provided for shall be deemed to have been given upon the depositing of the same in the United States post office in the City, in a properly stamped and addressed envelope; provided, that where the name and address of the persons entitled to notice are unknown, such notice shall be given by posting the same for period of ten days in a conspicuous place upon the property affected. Upon receipt of any such protests, the Council shall set a time and place for hearing of the same, which time shall not exceed ten days from the last day for filing protests, and shall notify all protestants thereof by mail.

(Added by Ord. 45, adopted 8-26-57)

In case of an application for a motorbus permit, the Council shall determine that the proposed route or routes therein described would not congest or interfere with travel on any public street or the use of any public street by the public, and that any of such proposed routes are not already adequately supplied with transportation facilities and that the public convenience and necessity require the service.

In the case of an application for a motorbus permit, the Council may grant such permit for different routes in whole or in part from that described in the application which different routes shall be described in the other granting such permit. (Added by Ord. 45, adopted 8-26-57)

In addition to the failure to set forth the information required, the Chief of Police shall deny the owner's permit if it shall appear to his/her dissatisfaction that any motor vehicle proposed to be operated is inadequate or unsafe; that the applicant has been convicted of a felony or a violation of any narcotic law or of any penal law involving moral turpitude.

The Chief of Police shall have the power to deny the granting of or revoke, suspend or cancel any such permit if public convenience and necessity does not require the same or for any reasonable cause which, in its sound discretion, is contrary to the public welfare.

Written notice of approval or denial shall be provided by mail to the applicant at the current resident address provided on the application. If the application is denied, the written notice shall contain a brief explanation of the reason or reasons why the application was denied. The decision to deny an application may be appealed in accordance with Section 6404 of the Downey Municipal Code.

The Chief of Police is hereby empowered to suspend or revoke any permit granted hereunder, for the violation of any of the provisions hereof. Suspensions or revocations by the Chief of Police may be appealed to the City Council by filing a written appeal, within ten days from the date of such revocation or suspension, and the City Council shall hold a public hearing thereon, upon notice to such permittee. The City Council may affirm, reverse or modify the action of the Chief of Police, upon such hearing, and its decision shall be final and conclusive. (Added by Ord. 45, adopted 8-26-57; amended by Ord. 1135, adopted 10-22-03)

No driver shall operate or drive any taxicab, automobile for hire or motorbus, unless the owner thereof has obtained a permit and license therefor as required under the provisions of this chapter, and such driver has obtained a driver's permit and both of such permits are in full force and effect. The application for such driver's permit shall be made to the Chief of Police, shall be in writing and in duplicate, and the original thereof shall be duly acknowledged before some person lawfully authorized to administer oaths. The application shall set forth the name, age and address of the applicant, his past experience in operating automobiles, the names and addresses of his employers during the preceding period of three years, the number of his chauffeur's license, whether or not a chauffeur's license issued to him by the state or any other state or governmental agency has ever been revoked, the name and address of the owner by whom he is to be employed as a driver (such owner shall endorse the application), and such additional information as the Chief of Police may require.

(Added by Ord. 45, adopted 8-26-57)

Upon application for a driver's permit, and before it shall be issued, the driver, whether the owner or otherwise, must evidence a proficient knowledge of the traffic laws of the City and of the state, and demonstrate his ability to operate the type of motor vehicle for which the driver's permit is sought, to the satisfaction of the Chief of Police. Upon satisfying the foregoing requirements, the driver shall be fingerprinted by, and his record filed in the police division, bureau of identification. Every driver's permit issued hereunder shall set forth the name of the owner by whom the driver is employed and shall be valid only so long as he continues in the employ of such owner. Upon the termination of such employment, the driver shall forthwith surrender his driver's permit to the Chief of Police. Such driver's permit may be denied upon substantial evidence of facts of either physical or moral deficiency of the applicant which in the sound discretion of the Chief of Police would render such applicant not a competent person to operate a taxicab, automobile for hire or motorbus. (Added by Ord. 45, adopted 8-26-57)

The Chief of Police shall have the power to revoke or suspend any driver's permit issued under the provisions of this division in the event the holder thereof shall be found guilty of a violation of any of the provisions of this chapter or shall be found guilty of reckless driving or for the violation of any other law, which violation, in the sound discretion of such officials, or either of them, shall be deemed sufficient evidence of the fact that such driver is not a competent person to operate the motor vehicle for which the driver's permit was issued. In the event of such revocation or suspension of a driver's permit, such certificate as may be issued in connection therewith shall be, by the holder thereof, forthwith surrendered to the Chief of Police. (Added by Ord. 45, adopted 8-26-57)