El Monte Municipal Code Ch. 5.88 Taxicabs

Footnotes:

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Editor's note— Ord. No. 2835, § 3, adopted Dec. 17, 2013, amended Ch. 5.88 in its entirety, in effect repealing and reenacting said chapter to read as set out herein. The former Ch. 5.88, §§ 5.88.010—5.88.050, pertained to similar subject matter and derived from §§ 6355—6355.2 and §§ 6356—6360 of the prior code, and Ord. No. 2810, § 2, adopted Dec. 18, 2012.

"City" means the city of El Monte.

"Driver" means any natural person who drives a taxicab or other vehicle for hire, whether or not the natural person is the owner of the taxicab or vehicle for hire, including without limitation, any natural person who drives the taxicab or vehicle in for an operator in his or her capacity as (i) an employee, contractor, subcontractor or agent of the operator entity; (ii) a shareholder, partner or equity owner of any kind of an operator entity; (iii) a member of an operator entity that is a cooperative, including a taxicab cooperative.

"Employee" includes any person who is self-employed as an independent driver.

"Motor vehicle" means every motor vehicle used for public hire propelled by mechanically produced power and intended for use on public streets and highways, except street cares, trains, and motor buses.

"Operator" means any entity engaged in the business of providing vehicles for the purpose of carrying passengers in a taxicab or other vehicle for hire, whether such entity is comprised of an individual, a group of individuals working in collaboration, a partnership, a sole proprietorship, a limited partnership, a limited liability company, a limited liability partnership, a joint venture, a corporation, a cooperative (including but not limited to any taxicab cooperative) or any other organizational structure of any kind.

"Owner" means a person or entity engaged in the business of carrying passengers in a taxicab. An owner may be an individual, group of individuals, partnership, limited partnership, joint venture, corporation or any other organizational structure identified by name, phone number, central dispatch, color scheme, monogram, or insignia distinguishing itself from any other entity engaged in such business.

"Person" includes an individual, firm, corporation, partnership, association, and any other similar organization.

"Taxicab" means and includes every automobile and motor-propelled vehicle which is designed to carry not more than eight (8) persons, excluding the driver, and is either equipped with a taximeter or a top light or has the words "taxi," "cab" or "taxicab" displayed on the exterior of the vehicle, and used for the transportation of passengers for hire within and without the boundaries of the city, at rates for distance traveled, or for waiting, standby or traffic delay time, or for any combination of such rates, and not operating over a defined route.

"Taximeter" means any mechanical or electronic device by which the charge for hire of a motor vehicle is mechanically calculated, either for distance traveled by time consumed, or both, and upon which device the charge is indicated by figures.

"Vehicle for hire" includes taxicabs, charter-party carriers of passengers other than limousines as defined in the Public Utilities Code, and every motor vehicle used for the transportation of passengers within and without the boundaries of the city not over a defined route, at rates per mile, per trip, per hour, per day, per week or per month. Motor vehicles leased or rented for a period of time to be driven by the lessee or designee are not included.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 3—6, 9-6-2016)

A. No person or entity may provide or otherwise offer taxicab or other vehicle for services within the city wherein paying passengers are transported from a point origin within the city to any point of destination within or outside of the city, unless such person or entity (i) maintains a valid and unexpired business permit issued by the city pursuant to this chapter; and (ii) maintains a valid and unexpired city business license issued pursuant to Chapters 5.04 (Business Licenses Generally) and 5.08 (Business License Taxes) of the El Monte Municipal Code.

B. No person may drive or otherwise operate a taxicab, vehicle for hire or other motor vehicle within the city wherein such person is using the vehicle to transport paying passengers from a point of origin within the city to any point of destination within or outside of the city, unless such person maintains a valid and unexpired driver permit issued by the city pursuant to this chapter.

C. No taxicab, vehicle for hire or other motor vehicle may be operated within the city for the purpose of transporting paying passengers from a point of origin within the city to any point of destination within or outside of the city, unless such vehicle has been issued a vehicle permit by the city pursuant to this chapter and such vehicle permit has not yet expired. The subject vehicle permit shall be in the form of a decal issued by the city that is affixed on the vehicle where indicated by the city.

D. Except as otherwise provided under this chapter, all business permits, driver permits and vehicle permits issued under this chapter shall be valid from January 1 st of the calendar year to which the permit corresponds and expire at 11:59 pm on December 31 st of the same calendar year. Any such permit issued after January 1 st of the calendar year to which it corresponds shall be valid from the date of issuance and expire at 11:59 pm on December 31 st of same year in which the permit was issued. No permit issued pursuant to this chapter shall remain valid after it has expired.

E. Applications for business permits, driver permits and vehicle permits issued pursuant to this chapter, shall be on a form prepared and provided by the city and shall include such other documentation and information as may be required under this chapter.

F. Except as otherwise provided under Section ______, all applications for driver permits and vehicle permits must be submitted in conjunction with and are part of an application for a business permit issued pursuant to this chapter. No driver permit or vehicle permit shall be issued unless it is issued in conjunction with, and as part of, the city's issuance of a business permit under this chapter.

G. Applications for all permits under this chapter shall be submitted to El Monte Permit Committee. Subject to the terms and conditions set forth under this chapter, the El Monte Permit Committee shall have the authority to approve or deny all permits contemplated under this chapter.

H. The Council, by resolution, may establish, and from time to time adjust a schedule of fees for the processing and review of applications for business permits, driver permits and vehicle permits and to recover the cost of administering and enforcing all aspects of the regulatory program set forth under this chapter. All such fees shall be due and payable to the city at the time applications for business permits, driver permits and vehicle permits are submitted.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 7, 9-6-2016)

A. Each business permit applicant shall submit a complete application on a form provided by the city. The application shall be signed by the applicant and set forth all information required, including, but not limited to, the following:

1. The name of applicant-business entity, as well as the applicant's business address, business telephone number, business fax number. The applicant shall also disclose: (a) the legal organizational structure of the business entity (e.g., whether it is a partnership, a sole proprietorship, a limited partnership, a limited liability company, a limited liability partnership, a joint venture, a corporation, a cooperative (including but not limited to any taxicab cooperative) or any other organizational structure of any kind); (b) the names and titles all persons who are owners, co-owners, partners, principal shareholders, joint ventures, members and/or executive officers of the entity and the names of all persons who will serve in management capacity for operations within the city under business permit; and (c) the business address, business phone number and business fax number of all of the foregoing persons;

2. The applicant's federal taxpayer identification number or social security number;

3. A live scan summary criminal history report prepared by a city-approved, private service provider ("live scan operator") authorized by the California Department of Justice to submit requests for criminal offender record information reviews directly to the California Department of Justice using the statewide electronic applicant commination network maintained by the California Attorney General, for each of the following persons:

(a) The person who signs and submits the application submitted by the applicants;

(b) All persons with controlling or majority ownership interest in the applicant-entity, including all partners in the case of partnerships; all majority shareholders/owners in the case of corporations; all members in the case of cooperatives;

(c) All executive officers of the applicant-entity;

(d) All personnel responsible for managing the day-to-day operations of the applicant in the city under the business permit; and

(e) All persons listed by the applicant as being those persons who will drive taxicabs, vehicles for hire or other motor vehicles on behalf of the applicant under the business permit.

All such reports must be up to date at least as of September 30 th of the calendar year in which a business permit application is submitted.

4. The following information for all persons who will drive taxicabs, vehicles for hire or any other motor vehicle in connection with the applicant's operations under the business permit: (i) the driver's legal name; (ii) the driver's age; (iii) the driver's driver license number issued by the State of California; (iv) the driver license class/type; (v) the expiration date of the driver license; (vi) the driver's home address as indicated in the driver license; and (vii) any special restrictions that have been placed on the driver license by the California Department of Motor Vehicles;

5. For each person listed by the applicant as being those persons who will drive taxicabs, vehicles for hire or other motor vehicles on behalf of the applicant under the business permit, each business permit applicant shall provide the following with their application:

(a) A true and correct photo copy on eight and one-half (8½) by eleven (11) paper of the front and back of the Class C California-issued driver license. City reserves the right to require the applicant-driver to present the driver license to city personnel for physical inspection as a condition to processing and/or approving any driver permit application. The photocopying of such license shall be in keeping with Vehicle Code Section 13004(f) which does not prohibit the photocopying of a driver license where the manner of copying does not result in the creation of a copy that could in any way be mistaken for a valid driver license.

(b) A report issued by a city-designated, certified laboratory or testing agency demonstrating that the driver has passed with negative results, a controlled substances and alcohol test in accordance with Government Code Section 53075.5(b)(3) (as the same may be amended from time to time). Such tests shall be taken no more than thirty (30) days before the date the application is filed. For purposes of this subsection, "controlled substances" shall refer to those controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations. As used in this subsection, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

6. A true and correct copy of the applicant's controlled substance and alcohol testing certification program which shall comply substantially with the provisions of Government Code Section 53075.5(b)(3);

7. The total number of motor vehicles that will make up the applicant's motor vehicle fleet under the business permit. With respect to this information, the applicant will also list each such motor vehicle and include each motor vehicles (i) class/type, (ii) make, (iii) model, (iv) model year; (v) motor vehicle identification number and (vi) California license plate number. If any one or more of the vehicles that make-up the applicant's vehicle fleet is owned by a person or entity other than the applicant, the applicant shall also disclose the name of the registered owner of each motor vehicle that will make up the applicant's motor vehicle fleet under the business permit, regardless of whether the registered owner of each such motor vehicle is the applicant itself or some other person or entity;

8. The distinctive, uniform color scheme, name, monogram and/or insignia which the applicant will use on all motor vehicles that will comprise the motor vehicle fleet that will operate within the city under the business permit (An applicant may only use one color scheme and name as part of its operations under a business permit);

9. Written documentation, in a form reasonably satisfactory to the city, that establishes that each motor vehicle to be used as part of the applicant's taxicab and/or vehicle for hire operations under the business permit is covered under the policies of insurance required under Section 5.88.070 (Liability insurance requirements and indemnification) of this chapter and that such policies will afford coverage regardless of the identity of any person driving or otherwise operating the covered motor vehicle when a covered accident or occurrence occurs;

10. Proof that all persons who will be driving taxicabs, vehicles for hire or any other motor vehicle as part of the applicant's operations under the business permit are covered by a policy of worker's compensation insurance procured by the applicant at limits mandated by state law, except to the extent applicable state law does not mandate that the applicant cover any specific driver under such insurance, in which case, the applicant shall explain in detail, citing applicable legal authority, why such coverage is not required;

11. A complete and accurate schedule of fare to be charged to members of the public by the applicant, provided, however, that such fares may not exceed any maximum rates set by resolution of the City Council.

B. A business permit shall be granted unless the city finds any one or more of the following to be true:

1. The applicant fails to timely submit a complete application;

2. The applicant is determined to have made a false statement or representation or omission in the application or has provided documentation which is fraudulent or otherwise false;

3. The proposed company name, color scheme or insignia will tend to confuse the applicant with another operator;

4. Any one or more of the following persons has been convicted of a felony offense, or a misdemeanor offense involving moral turpitude, theft, fraud, including any such convictions following a plea of no contest: (a) the person signing the application on the applicant's behalf; (b) any with a controlling or majority ownership interest in the applicant-entity, including any partner in the case of a partnership; all majority shareholders/owners in the case of corporations; any member in the case of a cooperative; (c) any executive officer of the applicant-entity; (d) any personnel responsible for managing the day-to-day operations of the applicant in the city under the business permit;

5. The applicant has not otherwise complied with this chapter or has had its current operator permit suspended or revoked.

C. It shall be the responsibility of the applicant for a business permit to also ensure that all drivers and motor vehicles that will be part of its operations under the business permit have applied for and been issued a driver permit and a motor vehicle permit. Applications for all such permits shall be submitted along with the application for the business permit. If any driver for an operator ceases to be employed or otherwise affiliated with the operator during the term of the business permit, the operator shall promptly notify the city in writing but in no event later than fifteen (15) calendar days from the date the driver ceases to be employed by or otherwise affiliated with the operator. Similarly, if any motor vehicle identified as being part of the operator's motor vehicle fleet under the business permit is sold, destroyed and/or permanently removed from the operator's motor vehicle fleet, the operator shall promptly notify the city of such even in writing but in no event later than fifteen (15) calendar days from the date of such event.

D. Business permits are personal in nature and may not be transferred from one permitted entity to another entity. Any attempted transfer shall be null and void and of no legal effect

E. Permit term and permit process.

1. Except as otherwise provided under this subsection below, a business permit, driver permit or vehicle permit issued pursuant to this chapter shall have a maximum term of one (1) year commencing from 12:00 am on January 1 st of the permit year to which the permit corresponds and expiring at 11:59 pm on December 31 st of the same permit year. Business permits, driver permits and vehicle permits issued after the start of a specific permit year shall take effect on the date of issuance by the El Monte Permit Committee and shall expire at 11:59 pm on December 31 st of the same permit year.

2. Applications for a business permit shall be submitted in conjunction with applications for driver permits and vehicle permits for drivers and vehicles that will be used by the applicant under the business permit. The application packet shall be submitted by the operator-applicant via personal delivery to the city care of the License/Treasury Division no earlier than the first Monday in October of the calendar year immediately preceding the permit year for which the permits being applied for correspond. The deadline for submitting such applications shall be 5:00 pm on October 31 st of the same month, unless such date falls on a date in which the License/Treasury Division is closed for business in which case the deadline shall be extended to 5:00 pm of the next city business day immediately following October 31 st . The city shall not accept applications for a business permit, driver permits or vehicle permit during any period other than the period set forth under this subsection (E)(2) or the period set forth under subsection (E)(5), below.

3. When submitting an application for a business permit, the applicant shall also submit along with such application all materials and information necessary for the issuance of driver permits and vehicle permits for all drivers and vehicles that will be part of the applicant's operations under the business permit. The city will not accept applications for driver permits or applications for vehicle permits separately from an application for a business permit. The entity applying for business permit, shall be jointly and severally responsible with the person(s) applying for a driver permit and/or the person or entity applying for a vehicle permit for purposes of ensuring that all such applications are complete and that all information contained in such applications is true and correct. Except as otherwise provided under subsection (E)(4), below, any business permit application that is incomplete at the time of submission shall be rejected by the city and returned to the applicant.

4. Subsection (E)(3), above, notwithstanding, if the only information or documentation missing from a business permit application is information or documentation relevant to the issuance of one or more driver permits or vehicle permits, the city reserves the right to process and approve the business permit application and issue driver permits and vehicle permits only to those drivers and vehicles for which complete information is supplied and which otherwise qualify for the issuance of permits. Permits will not be issued to drivers or vehicles with incomplete information or documentation.

5. Subsection (E)(2) of this section, notwithstanding, from the first Monday in March of each permit year to 5:00 p.m. on March 31 st of the same permit year, the city will allow operators possessing a valid and unexpired business permit the opportunity to submit applications modifying the terms of their business permit to account for changes to the drivers and vehicles that are part of its permitted operations and to allow replacement drivers and replacement vehicles to be issued driver permits and vehicle permits. The operator may not add additional drivers or vehicles to its fleet but may apply for the issuance of driver permits and vehicle permits for drivers and vehicles that will replace at one-to-one ratio drivers who have departed or have had their driver permit revoked and vehicles that have been taken out of service for any reason or that have had their vehicle permit revoked.

6. Subsection (E)(2) of this section, notwithstanding, the City Manager shall have discretion to authorize the processing of a business permit application pursuant to this chapter and the corresponding processing of applications for driver permits and vehicle permits for drivers and vehicles to be operated under the business permit at a time other than the time specified under subsection (E)(2), only in those instances where the applicant for the business permit is a newly formed entity that was not in existence during the period of time specified under subsection (E)(2) of this section, above, for the processing of business permit applications. It is the obligation of the applicant to submit a written request for such authorization to the City Manager with information sufficiently proving that the applicant was not in existence during the time period specified under subsection (E)(2) of this section, above. All permits which may be processed and approved in accordance with this subjection shall be required to meet all of the requirements of this chapter and all such permits shall expire on December 31 st of the year in which they are issued.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 8, 9-6-2016)

A. No person may drive a taxicab, vehicle for hire or other similar motor within the city for the purpose of transporting paying passengers from a point of origin within the city to any point of destination within or outside of the city, without first having been issued a driver permit. Any natural person who is also the holder of a business permit issued pursuant to this chapter shall not be relieved of the obligation to separately obtain a driver permit to the extent such person will also be driving or otherwise operating a taxicab, vehicle for hire or other motor vehicle as part of the operations authorized under the business permit.

B. The person who is the applicant for a driver permit shall submit a complete application in the form provided by the city. As provided under Section 5.88.030, above, a driver permit application shall be submitted along with the application for the business permit care of the applicant-operator on whose behalf the applicant-driver will be driving. The driver permit application shall be signed by both the applicant-driver and the operator of the entity whose business permit the driver will be driving under. The application for a driver permit shall include the following information:

1. The applicant-driver's (i) legal name; (ii) age; (iii) Class C driver license number issued by the State of California; (iv) driver license class/type; (v) expiration date of the applicant's driver license; (vi) home address as indicated in the driver license; (vii) contact telephone number, if any; and (viii) any special restrictions that have been placed on the driver license by the California Department of Motor Vehicles. Only persons possessing a Class C driver license or better may drive a taxicab or other vehicle for hire in the city;

2. All of the materials required under Section 5.88.030(A)(3) through 5.88.030(A)(6) of this chapter, above.

3. A written disclosure indicating whether any state driver license or local taxicab driver permit or license previously held by the applicant-driver, has ever been revoked or suspended within the past ten (10) years from the date of application submission;

4. Such additional information as the city may require.

C. Each applicant-driver for a driver permit shall submit to a background investigation by a city-approved, private service provider ("live scan operator") authorized by the California Department of Justice to submit requests for criminal offender record information reviews directly to the California Department of Justice using the statewide electronic applicant commination network maintained by the California Attorney General.

D. The city shall grant a driver permit unless the city finds any one or more of the following to be true:

1. The applicant-driver fails or the operator responsible for submitting the applicant-driver's application information fails to timely submit all application materials and/or information required under this section;

2. The applicant-driver is under eighteen (18) years of age as of the submission date of the driver permit application;

3. The live scan report called for under Section 5.88.030(A)(3) of this chapter discloses that the applicant has been convicted of, or plead no contest to any one of the following offenses within the time periods indicated:

(a) The applicant-driver has three (3) or more moving violations under the California Vehicle Code within the last three (3) years from the submission date of the driver permit application; or, alternatively, more than two (2) such violations within the last year from the date of submission of the driver permit application;

(b) The applicant-driver has been convicted of violating Vehicle Code Section 20002, 23103, 23152, or 23330 within the last three (3) years from the date of submission of the driver permit application;

(c) The applicant-driver has been convicted of violating Vehicle Code Section 20001, 20003, 20004, or 23104 at any time;

(d) The applicant-driver is required to register as a sex offender under California Penal Code Section 290;

(e) An administrative action has been taken against the applicant-driver by any State agency which has resulted in the actual suspension or revocation of the applicant's driver's license;

(f) The applicant-driver has three (3) or more chargeable motor vehicle accidents within the last three (3) years from the submission date of the driver permit application or, alternatively, more than one such accident within the last year from the submission date of the driver permit application; and

(g) The applicant-driver has been convicted of a felony offense, or a misdemeanor offense involving moral turpitude, theft, or fraud.

4. The report referenced under Section 5.88.030(A)(5)(b) of this chapter indicates that the applicant-driver has failed to pass with negative results for controlled substances and/or alcohol.

E. A driver permit application will not be accepted by the city unless it is submitted in conjunction with an application for a business permit under which the applicant-driver will drive a taxicab, vehicle for hire or other motor vehicle under the business permit. If any driver for an operator ceases to be employed or otherwise affiliated with the operator during the term of the business permit, the driver permit issued pursuant to this section shall become null and void. The operator and the driver shall be jointly and severally responsible for immediately returning the driver permit to the city upon such occurrence.

F. The issuance of a driver permit shall be conditioned upon, among other things, the driver complying with the mandatory controlled substance and alcohol testing and program certification set forth in Government Code Section 53075.5.

G. Driver permits are personal in nature and may not be transferred from one permitted entity to another entity. Any attempted transfer shall be null and void and of no legal effect.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 9, 9-6-2016)

A. No motor vehicle shall be put to use for the purpose of transporting paying passengers from a point of origin within the city to another point within or outside of the city by any person or entity unless the motor vehicle has been issued and maintains a valid and unexpired vehicle permit issued pursuant to this chapter.

B. The vehicle permit application shall be signed by both the applicant-owner of the motor vehicle and the operator whose fleet the motor vehicle will be part of under a business permit. The application for the vehicle permit shall include the following information:

1. A true and correct copy of the motor vehicle's vehicle registration certification issued by the California Department of Motor Vehicles;

2. The motor vehicle's (i) class/type, (ii) make, (iii) model, (iv) model year; (v) vehicle identification number and (vi) California license plate number;

3. Written proof that the motor vehicle is covered by the policy of insurance required under Section 5.88.070 of this chapter by the operator whose fleet the motor vehicle will be a part of;

4. A valid inspection certificate issued by the Los Angeles County Agricultural Commissioner/Weights and Measures, stating the name and model number of the taximeter and the vehicle number for which it is assigned; and

5. Valid "certificate of safety" vehicle inspection certificate for each motor vehicle to be operated in the city for taxicab/vehicle for hire use from an automobile mechanic certified by the National Institute of Automotive Service Excellence ("NIASE") verifying that the motor vehicle complies with the requirements of this chapter and is in safe operating condition.

C. Motor vehicles issued a vehicle permit under this section must be driven by persons holding a valid and unexpired driver permit issued pursuant to this chapter.

D. The vehicle permit shall take the form of an adhesive decal which shall be affixed to the motor vehicle at a location acceptable to the city.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 10, 9-6-2016)

A. The City Manager, Chief of Police or the El Monte Permit Committee may immediately suspend, upon written notice to the permit holder, any business permit; driver permit and/or vehicle permit granted pursuant to this chapter for any of the grounds by which such a permit may also be revoked under subsection (C) of this section, below. The written notice of suspension shall specify the grounds for suspension, the effective date of the suspension and the procedures for challenging the suspension and any possible revocation that may arise from the suspension.

B. Upon a factual showing that the stated grounds for the suspension have been corrected (to the extent the grounds are susceptible to correction) or where it is determined that the stated grounds for the suspension are not true, such permit suspension may be lifted either (i) by the City Manager, the Chief of Police or the El Monte Permit Committee voluntarily prior to the conduct of a hearing before the El Monte Permit Committee; or (ii) following a hearing before the El Monte Permit Committee to determine whether or not there are grounds for the suspension and whether or not the suspension should be lifted or the suspension should be extended or the permit in question should be revoked outright The hearing conducted by the El Monte Permit Committee shall be commenced within thirty (30) calendar days from the date the permit holder submits a written request for a hearing filed at the Office of the City Clerk during the city's normal business hours. It is the obligation of the permit holder to request a hearing and the failure to submit a written request for such a hearing within ten (10) calendar days from the effective date of the suspension shall constitute an admission that the grounds for suspension were true and valid and in such event, the City Manager, the Chief of Police or the El Monte Permit Committee shall have discretion to administratively order the revocation of the permit without further hearing on the matter. It is unlawful for the holder of any permit issued pursuant to this chapter to exercise any of the rights granted under such permit during the time in which the permit is suspended.

C. A permit issued under this chapter may be revoked for any one or more of the following:

1. The existence of any fact, which if known at the time of application of any permit, would have caused the city to deny the application, whether such fact existed at the time of the application or occurred after the issuance of the permit;

2. The occurrence of any violation of State law which would have served as grounds for the denial of the permit had the violation occurred prior to the effective date of the permit;

3. The holder of a driver permit violates any laws relating to the operation of a motor vehicle, including, but not limited to, reckless driving, driving under the influence of alcohol or controlled substances, or other violations indicating that a driver is not competent to operate a taxicab or vehicle for hire;

4. The holder of a driver permit is arrested or issued a citation for the commission of any crime punishable as a felony while driving a taxicab, whether in city or in another jurisdiction; or

5. The occurrence of a motor vehicle accident resulting in injuries to persons or property caused, either in whole or in part, by the acts or omissions of the holder of any type of permit;

6. The holder of any permit fails to pay any judgment for damages the holder is responsible for arising out of the unlawful or negligent operation of any motor vehicle that is part of an operator's motor vehicle fleet or which is otherwise covered under a vehicle permit;

7. A motor vehicle that is part of any operator's motor vehicle fleet is driven without the required insurance coverage or valid motor vehicle registration or the motor vehicle is driven by a person who is not licensed to driver under the laws of the State of California or who has not been issued a valid and unexpired driver permit under this chapter;

8. The failure of any person or entity to maintain any motor vehicle in a safe and clean condition or the failure of any person to maintain a motor vehicle in a condition required for purposes of obtaining a vehicle permit;

9. It is determined that a permit, license or other like authorization issued to an operator by another jurisdiction for the same type of activities authorized under a business permit has been suspended or revoked;

10. It is determined that a permit, license or other like authorization issued to a driver by another jurisdiction for the same type of activities authorized under a driver permit has been suspended or revoked;

11. It is determined that a permit, license or other like authorization issued by another jurisdiction for a motor vehicle that is part of an operator's motor vehicle fleet in El Monte under a business permit has been suspended or revoked;

12. The holder of a permit issued under this chapter has violated a term or condition of the permit or this chapter;

13. A motor vehicle that has been issued a vehicle permit has been destroyed or has suffered damage or a mechanical malfunction that renders the motor vehicle unsafe to drive or carry passengers;

14. The holder of a business permit or a driver permit violates rule or regulation, or federal, state, or local law relating to the operation of taxicab or vehicle for hire services.

D. In the event the City Manager, the Chief of Police or the El Monte Permit Committee allege there are grounds for the revocation of any permit pursuant to this section, the permit may be immediately suspended as provided under subsections (A) and (B) of this section above, or if the permit is not immediately suspended, the City Manager, the Chief of Police or the El Monte Permit Committee shall separately issue a notice of revocation specifying the grounds for revocation, the effective date of the revocation and the procedure for appealing such revocation. The permit holder shall have ten (10) calendar days from the date of such notice of revocation to submit a written request to contest the matter before the El Monte Permit Committee in accordance with Section 5.88.160 of this chapter. It shall be the obligation of the permit holder to submit a written request for a hearing to contest the revocation of a permit and the failure to timely submit a written request for a hearing shall constitute an admission that the grounds for revocation are correct.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 11, 9-6-2016)

A. As a condition precedent to the issuance of any business permit or any renewal of a business permit, the permit applicant shall deliver to the city a policy of automobile liability insurance, listing the city and city's elected and appointed officials, officers, employees, agents and volunteers as additionally insured, executed by a company duly authorized under the laws of this state to sell commercial automobile liability and be an admitted carrier member of the California Insurance Guarantee Fund, or maintain an AM Best rating of "A" or better for non-admitted carriers (with proof of licensing or rating to be provided by the permit applicant), which insurance business, through the provisions of the policy, promises and undertakes to pay in full all legal liability incurred by the insured for damages to persons or property resulting from the operation of the taxicabs all taxicabs that are part of the permit applicant's fleet, including but not limited to motor vehicles that make up the fleet of a taxicab cooperative entity; and, that the insurance policy complies with the minimum total coverage of one million dollars ($1,000,000.00), per vehicle, per accident, for any liability for any injuries, death, or destruction of property with an amount specified of no less than one hundred dollars ($100,000.00) for individual bodily injury to any person and fifty thousand dollars ($50,000.00) for any property damage.

B. As a condition precedent to receiving a business permit, the operator must execute on a form prepared and provided by the city, an affidavit agreeing to indemnify, defend and hold harmless the city and the city's elected and appointed officials, officers, employees, agents and volunteers from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages, whatsoever, including but not limited to, those arising from bodily injury, death, personal injury, property damage, loss of use or property loss, however the same may be caused and regardless of the responsibility for negligence.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 12, 9-6-2016)

A. All drivers of taxicabs or vehicles for hire shall have on their person while operating a taxicab or vehicle for hire their California-issued driver license and their driver permit issued pursuant to this chapter.

B. All taxicabs or vehicles for hire operating within the city shall have within the motor vehicle the California Department of Motor Vehicles registration form.

C. Every motor vehicle issued a Vehicle permit under this chapter shall have the Vehicle permit decal affixed to the motor vehicle in the location designated by the city.

D. Every motor vehicle issued a Vehicle permit shall have conspicuously displayed in full view of the passenger(s) a card not less than two inches (2") by four inches (4") in size which shall have stated thereon the name of the owner, together with the business address and telephone number of the business, and the identifying number of such motor vehicle, and also the rates of fare to be charged for the use of such motor vehicle. Rates of fare are also must be conspicuously displayed in both the front and rear of the interior of the motor vehicle. No person may charge fares at rates that exceed those established by City Council resolution.

E. The driver permit shall be posted in full view of the passenger(s) at all times while the driver is operating the motor vehicle. Every driver permit shall show, at a minimum, the photograph of the driver, the name of the driver, the expiration date of the driver permit, the operator on whose behalf the driver is driving the taxicab or vehicle for hire and the business telephone number of the operator the driver is driving on behalf of.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 13, 9-6-2016)

A. No name, color scheme, insignia, monogram, logo, or identification of an operator's motor vehicle fleet shall conflict with or imitate any color scheme, insignia, name, monogram, logo, or identification used by another operator's motor vehicle fleet in such a manner as to be misleading or to tend to confuse or defraud the public.

B. An operator may only [use the] color scheme and name and those insignias, monograms, logs and identifications indicated in the operator's application for a business permit.

C. It is unlawful to operate a taxicab or other vehicle to hire within the city which does not have printed or placed upon doors on both sides of the motor vehicle the name and telephone number of the operator on whose behalf the motor vehicle is driven or otherwise operated.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 14, 9-6-2016)

A. As a condition to the grant of an application for a vehicle permit and as an ongoing condition throughout the term of any vehicle permit granted by the city, all motor vehicles issued a vehicle permit must satisfy the following equipment and maintenance requirements:

1. A trunk device which will permit the opening of the trunk lid from the inside of the trunk;

2. A permanent fixture to display the taxicab driver's permit in prominent view of passengers;

3. No fewer than four (4) working doors, except that a handicapped accessible minivan may be utilized;

4. A fully charged fire extinguisher;

5. Four (4) flares;

6. At least two (2) emergency reflectors;

7. Spare tire and jack;

8. Windows which patrons can open from the inside;

9. Working headlights, taillights, turn signals, back up lights and brake lights;

10. A light of not less than two (2) candlepower within such vehicle, so arranged as to illuminate the entire passenger compartment. The light shall be kept constantly lighted at all times while any passengers are being loaded into or unloaded from any such vehicle from one-half (½) hour after sunset of any day until one-half (½) hour before sunrise of the next day, and no shades or blinds shall be drawn over the windows of any such vehicle while the same is occupied; and

11. Safety belts in good working order for passengers' use.

12. A steering system; vehicle horn; emergency brake; spare jack; and windshield wipers that are in good working condition;

13. Tires that are maintained at appropriate air pressure and with a tread depth deemed acceptable under State law.

B. It is unlawful for any taxicab or other vehicle for hire to be operated in a condition which is unsafe. The operator on whose behalf a motor vehicle is driven, the driver of the motor vehicle and the owner of the motor vehicle shall be jointly and severally responsible for complying with this subsection.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, §§ 15—19, 9-6-2016)

A. Each vehicle to be used under a business permit in the city must maintain a valid "certificate of safety" vehicle inspection certificate from an automobile mechanic certified by the National Institute of Automotive Service Excellence ("NIASE") verifying that the vehicle complies with the requirements of this chapter and is in safe operating condition. Annual reinspections are required at the time of renewal of a business permit.

B. The interior of any taxicab, vehicle for hire or other motor vehicle subject to a vehicle permit under this chapter shall be thoroughly cleaned at least once every twenty-four (24) hours.

C. Any sworn police officer of the city shall have the right to inspect any taxicab, vehicle for hire or like motor vehicle subject to this chapter, to inspect the vehicle for purposes of verifying compliance with the requirements of this chapter.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, §§ 20—22, 9-6-2016)

A. Every motor vehicle that is part of the vehicle fleet of an operator under the operator's business permit must be equipped with a taximeter that is of a type and design approved by the California Department of Food and Agriculture and that has been inspected and certified by the Los Angeles County Agricultural Commissioner/Weights and Measures. Every taxicab must at all times keep such meter accurate and in conformity with the requirements of California Department of Agriculture.

B. Taximeters are subject to inspection at any time by the City Manager, the Chief of Police, the El Monte Permit Committee as a body or any sworn police officer of the city. Any motor vehicle equipped with an inaccurate taximeter is subject to impound unless said taximeter shall have been correctly adjusted, inspected, and certified by the Los Angeles County Agricultural Commissioner/Weights and Measures.

C. By resolution, the City Council may set, and from time-to-time adjust, the maximum rates that may be charged per flag drop, per mile, and per minute of waiting time, or traffic delay time. In the event such a resolution is adopted, it shall be unlawful for any operator or driver to fix, charge, collect, or receive a rate in excess of the rates established and set by the resolution of the City Council.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 23, 9-6-2016)

Every person or entity authorized under a business permit to provide taxicab service in the city shall maintain and keep an accurate and legible record of all passengers carried by motor vehicles within its motor vehicle fleet, including the pick-up and drop off points, the date and time carried, the starting and ending mileage of the taxicab for each trip, the charges authorized and made for each trip. Such record shall be retained for at least three (3) years by the operator and shall be available for inspection by the city at all reasonable times.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 24, 9-6-2016)

A. No person granted a permit as provided herein shall maintain a stand for any vehicle for which a permit is issued upon any street, without the permittee having first obtained in writing permission from the City Council, and the owner or lessee or other person in charge of the property in the front of which such stand is maintained.

B. No taxicab driver shall seek fares by repeatedly driving his or her vehicle back and forth in a short space in front of, or by otherwise interfering with the proper and orderly access to or egress from any public place or gathering or by leaving his or her vehicle or by otherwise approaching and soliciting patronage by any pedestrian upon the sidewalk.

C. The driver of any taxicab shall carry any passengers safely and expeditiously to his or her destination by the most direct and accessible route unless specifically directed otherwise by the hiring passenger.

D. There shall be no smoking of tobacco or any other combustible material by the driver or any passenger inside the taxicab while the taxicab is in service.

E. The driver of a taxicab, while the motor vehicle is in service, shall disengage any child safety locks except where a passenger consents to or expressly requests the use of the child safety locks.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 25, 9-6-2016)

A. A taxicab, vehicle for hire or other motor vehicle which has not been issued a vehicle permit, may transport paying passengers from points of origin located outside of the city to points of destination within the city without such motor vehicle having been issued a vehicle permit, without the driver of such motor vehicle maintaining a driver permit and without the operator on whose behalf the motor vehicle is driven having obtained a business permit. No such motor vehicle, however, may be used to transport paying passengers from points of origin within the city to any other location whether such location is within the city or outside of the city. No operator who does not hold a valid and unexpired business permit may use any motor vehicle within its fleet to pick-up passengers from points of origin within the city to any other location whether such location is within the city or outside of the city.

B. The holder of a business permit issued pursuant to this chapter may not transport paying passengers from points of origin within the city to any other location within or outside the city using motor vehicles or drivers who have not been issued a vehicle permit or driver permit, respectively.

C. This chapter shall not apply to any person or entity or motor vehicles driven on behalf of any person or entity which qualifies as a "transportation network company" under the regulations of the California Public Utilities Commission. This chapter shall not apply to an "charter-party carrier of passengers" within the meaning of the Passenger Charter-Party Carriers' Act (Public Utilities Code Section 5351 et seq.)

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 26, 9-6-2016)

A. Any person or entity (i) denied approval of a business permit, a driver permit and/or a vehicle's permit; or (ii) whose permit issued pursuant to this chapter has been suspended or revoked pursuant to Section 5.88.060 of this chapter, may request a hearing to before the El Monte Permit Committee wherein the El Monte Permit Committee will be asked to reconsider any denial, suspension or revocation of any permit issued pursuant to this chapter or to appeal the suspension or revocation of any permit suspended or revoked by the City Manager or the Chief of Police.

B. Such appeal must be in writing and must be filed with the Office of the City Clerk not more than ten (10) calendar days following the mailing of the notice of the denial, suspension, or revocation. The written request for a hearing state all of the grounds for challenging the action taken by the city and may include such evidence as the person or entity challenging the action deems relevant in support of its challenge. The scope of the hearing pursuant to this section shall be limited to those grounds and issues raised in the written request for a hearing.

C. Upon receipt of a timely filed written request for a hearing, the El Monte Permit Committee shall set the matter for hearing, which shall be held not more than thirty (30) calendar days from the date of the written request is filed with the City Clerk.

D. The person or entity requesting the hearing shall be provided with notice of the time and place of the hearing, as well as a copy of all relevant materials at least seven (7) calendar days prior to such hearing.

E. At the time of such hearing, the El Monte Permit Committee shall review the records and files relating to the decision, and shall permit any interested person to present any relevant evidence bearing on the issues involved in the matter.

F. In conducting the hearing, technical rules pertaining to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely on in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are permitted in civil actions. Irrelevant, collateral, and repetitious testimony shall be excluded.

G. The person or entity requesting the hearing shall have the burden of proving that a permit was erroneously denied, suspended or revoked.

H. Based upon the evidence presented at the hearing, the El Monte Permit Committee shall determine whether the decision should be affirmed, modified, or reversed.

I. The El Monte Permit Committee's decision shall be communicated in writing to the appellant within ten (10) calendar days after the close of the hearing. Such decision shall be final.

(Ord. No. 2835, § 3, 12-17-2013; Ord. No. 2895, § 27, 9-6-2016)

A. It is unlawful for any person to violate a provision or to fail to comply with a requirement of this chapter. The city may enforce this chapter by any lawful means, including suspension or revocation of a permit, and any remedy set forth in Chapters 1.18, 1.19, and 1.24 of the El Monte Municipal Code.

B. Violation of this chapter is a misdemeanor and punishable by a fine not to exceed one thousand dollars ($1,000.00) and up to six (6) months in jail. Each day during which a violation occurs is a separate office. The City Attorney may punish such violations as infractions, in accordance with Section 1.24.010(B) of the El Monte Municipal Code.

C. If, after notice and hearing, [a person] is found to have been operating a taxicab service in the city without a valid license or permit shall be subject to a fine of up to five thousand dollars ($5,000.00) for each violation, in accordance with Government Code Section 53075.9. The city may additionally assess the person an amount sufficient to cover the reasonable expense of related investigations incurred by the city.

D. A city police officer may impound a vehicle used in violation of this chapter, following the procedure set forth in Government Code Section 53075.61. Any city police officer is considered a transportation inspector under this chapter, within the meaning of Government Code Section 53075.61.

E. The city may take enforcement action to disconnect the telephone service of unauthorized taxicab operators who advertise passenger transportation services, following the procedures set forth in Government Code Section 53075.8.

(Ord. No. 2835, § 3, 12-17-2013)

Editor's note— Ord. No. 2895, § 28, adopted September 6, 2016 repealed § 5.88.180 which pertained to the effect of taxicab franchise and derived from Ord. No. 2835, adopted December 17, 2013.