La Puente Municipal Code § 5.48 Taxicab Operators and Taxicab Drivers

No person shall engage in, conduct or carry on the business of operating a taxicab service, where such service originates in the city, without first obtaining a taxicab operator’s permit and taxicab vehicle permit(s) issued under the provisions of Chapter 5.08 of this title. A taxicab vehicle permit is required for every taxicab in the taxicab operator’s service which accepts passengers for transportation in the city of La Puente. If any of the provisions of Chapter 5.08 of this title conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. 788 § 28 (part), 1999)

For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section.

“City council” means the city council of the city of La Puente.

“Director” means the community development director of the city of La Puente or his or her designee.

“Operating area” means and includes the city of La Puente.

“Street” means any public street, road, highway, freeway, lane, alley, sidewalk, parkway or public place which now exists or which may hereafter exist within the city of La Puente.

“Taxicab” means any passenger vehicle for hire for the directed transportation of not more than eight passengers, excluding the driver, at rates based upon the distance duration or number of trips, or waiting time, or on any combination of such rates.

“Taxicab driver” means the driver of an individual taxicab.

“Taxicab operator” means a person, association, solely-owned partnership, stock corporation, franchise, cooperative organization or other organization which operates a taxicab service.

Taxicab service” means a business establishment which provides taxicabs for transportation service to persons within the city of La Puente.

“Taxicab zone” means and include the portion of a street area designated for the standing or stopping of taxicabs while awaiting employment.

“Taximeter” means and include a device that automatically calculates a predetermined rate or rates for taxicab service and indicates the charge for the hire of a taxicab.

(Ord. 788 § 28 (part), 1999)

In addition to the information required in Section 5.08.030(a) of this title, an applicant for an operator’s permit shall furnish the following information:

(a) The legal name and actual street address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. Additionally, the names and addresses of all directors, any stockholder holding ten percent or more of the shares of the corporation, and the name and address of an officer who is duly authorized to accept service of legal process shall be included. A corporate applicant shall also provide a certificate of domestic stock ownership. If the applicant is a partnership, the names and addresses of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this subsection pertaining to a corporate applicant shall apply. If the applicant is a cooperative, member stock-type operation, service organization, or association the application shall include the names, addresses and business phone numbers of each of the officers, directors and each stockholder owning any portion of any stock of the organization or association as well as the address to which notice, when required, is to be sent or mailed, and the names of every individual authorized to accept service or process on behalf of the applicant.

(b) The actual street address of the taxicab business. A person may not use a post office box, mailbox, message service or other similar device as the actual street address of the business for purposes of this section. A post office box, mailbox, message service or other similar device can be used as the mailing address of the business for business purposes only.

(c) A description of the facility proposed to house the intended business activity and its location.

(d) A full description of the intended business activity and, if a new business, the starting date of such business activity.

(e) If the business is advertised to the public and operates under a name other than the name of the applicant, that name shall be included. The applicant shall give all fictitious business names used in Los Angeles County in the last five years.

(f) The location of any requested parking zones for taxicabs awaiting employment.

(g) The area within which the applicant proposes to operate.

(h) A public convenience and necessity proposal which must contain the following information:

(1) Provisions demonstrating the need and necessity of a taxicab service, including an estimate of the need for taxicab service in the city. This shall include, but not be limited to, any survey, study or other preparation of facts which demonstrates the need for a taxicab service in such operating area;

(2) The history of the organization, and the manner in which it is organized including, without limitation, the date of formation, the business commencement date (s) , and all business locations in California during the last five years;

(3) Proof of insurance meeting the requirements of Section 5.48.080 of this chapter;

(4) The type of radio dispatch proposed;

(5) The location of the garaging and/or dispatch facility;

(6) The color scheme, logo and insignia of the service’s taxicabs;

(7) Evidence of the applicant’s financial responsibility. Evidence shall include a certified financial statement, and if securing financing for more vehicles, then the agreements entered into for car sales or leases;

(8) The date, description and outcome of all enforcement actions (whether administrative or judicial) which any governmental or law enforcement entity in California has initiated or taken against the applicant in the last five years; and

(9) The names and addresses of all taxicab businesses of any form in which the applicant owns, or has owned any beneficial interest in the last five years.

(i) The number of taxicabs proposed to be operated in the city, their make, model, year, and passenger capacity, license plate number and the total number of taxicabs presently operated by the applicant in other areas.

(j) The name, address and telephone number of the applicant’s insurance company as well as the policy numbers and a description of the kind and amount of liability, including common carrier, workers’ compensation, automobile, or other insurance held by the applicant, as applicable.

(k) Service standards the applicant will provide for the area in which he or she will operate, including but not limited to, the estimate of response time between placement of a telephone order and the arrival of the dispatched vehicle.

(l) Operating procedures adopted by the applicant, including but not limited to, record keeping practices, safety standards, maintenance schedules, dispatching procedures, and disciplinary rules.

(m) Special programs instituted by the applicant, including but not limited to, drivers’ education and training and community services.

(n) Any and all applicable agreements, articles, rules, bylaws and other memoranda of the applicant organization evidencing its taxicab driver’s agreement to be governed and bound in the operation of their taxicabs by the applicant organization’s authority, supervision and control.

(o) The names, addresses and telephone numbers of no less than two individuals who may be contacted twenty-four hours a day, seven days a week, by the city in case of an emergency.

(p) The schedule of rates proposed to be charged.

(q) Such further information pertinent to the operation of the proposed taxicab service, including, but not limited to, the business backgrounds of the officers and directors, the business’ financial statements, and lease arrangement as either the director, the city council, or the Los Angeles County sheriff may require.

(Ord. 788 § 28 (part), 1999)

Once an application is filed and deemed complete, the director shall conduct or cause to be conducted an investigation of the applicant pursuant to Section 5.08.030(c) of this title. Upon conclusion of the investigation, the director shall forward his or her recommendation to the city manager.

(Ord. 788 § 28 (part), 1999)

The city manager, or the city manager’s designee, may grant the permit if there is no reason to deny the permit under Section 5.08.060(b) of this title and if all of the following requirements have been met:

(a) All requests for modification of existing permits issued to the taxicab operator(s) have been granted wholly or in part or denied, and public convenience and necessity still justify the operation of one or more additional taxicabs in the area applied for. In making this determination, the city manager shall take into account all facts which he or she deems pertinent and proper, which shall include without limitation whether or not:

(1) The applicant has complied with all of the provisions of the La Puente Municipal Code;

(2) The applicant is financially responsible and under efficient management;

(3) The applicant is capable of providing safe and prompt taxicab service, twenty-four hours daily;

(4) The proposed insignia and color scheme for the taxicab service does not conflict with that of any existing taxicab operator so as to deceive or tend to deceive the public. Upon such finding, the applicant may amend such application to designate a different color scheme or insignia;

(5) The applicant has presented evidence sufficient to justify operation of a specified number of taxicabs in the city of La Puente;

(6) The applicant is fit and proper person to have a taxicab operator’s permit;

(7) The imposition of any conditions are reasonably necessary to ensure that the applicant operates the taxicab service in compliance with this chapter and the public welfare.

(b) The level of service proposed is adequate to serve the public.

(c) The applicant has procured, posted or maintained in effect approved comprehensive automobile liability insurance as required by Section 5.48.080 of this chapter.

(d) The applicant does not have a poor safety record with respect to the operation of his or her taxicab service in La Puente or other operating areas outside of the city of La Puente.

(e) The applicant does not have a record of complaints filed with the city of La Puente or other agencies in connection with his or her operation of a taxicab service.

(f) The vehicles which the applicant proposes to use in connection with the taxicab service are not in poor or inadequate operating condition.

(g) The establishment of the taxicab service will not be detrimental to the public health, safety or welfare.

(h) The applicant, or any of his or her employees or agents, has not violated any rule or regulation adopted by any governmental entity with respect to the applicant’s operation of a taxicab service in other operating areas or in the city of La Puente.

(Ord. 788 § 28 (part), 1999)

The city manager’s decision may be appealed to the city council pursuant to the provisions of Section 5.08.030(d) of this title.

(Ord. 788 § 28 (part), 1999)

(a) Right to Condition Permit. The city manager, or the city council on appeal, may condition any taxicab operator’s permit pursuant to Section 5.08.120(b)(2) of this title.

(b) Application to Change Conditions. The city manager may change, modify or eliminate any conditions previously placed on the taxicab operator’s permit if the city manager finds that the reasons for the original imposition of such conditions have been cured or no longer exist.

(c) Application to Change Any Other Operating Requirements. The city manager, at any time, may cause an investigation to be made and may change the rates, area, number of taxicabs, location or number of taxicab stands, or both, of any operator.

(d) Increased Service by Present Taxicab Operators. If the city manager finds that public convenience and necessity justify the operation of additional taxicabs from the area specified in the application and one or more duly permitted taxicab operators have applied to have the number of taxicabs permitted to them increased and such operators satisfy the city manager that they have sufficient taxicabs to so increase, the city manager may grant any one or more of such applications in whole or in part provided that the total increase does not exceed that justified by public convenience and necessity.

(Ord. 788 § 28 (part), 1999)

(a) The city manager shall not issue a taxicab operator’s permit until the applicant has filed with the director proof of the automobile liability insurance required by this subsection for each taxicab to be operated pursuant to the operator’s taxicab service.

(b) Every taxicab operator shall obtain and maintain in full force and effect separate commercial automobile liability insurance for each vehicle proposed to be operated in connection with his or her taxicab service meeting the following requirements:

(1) The policy insurer must be either a carrier licensed by the state of California to sell commercial automobile liability in the state of California and be a member of the California Insurance Guarantee Fund, or maintain an AM Best rating of “A” or better (with proof of said licensing or rating to be provided by applicant);

(2) The policy shall be written with policy limits of (1) not less than one million dollars combined single limit per occurrence or (2) not less than five hundred thousand dollars per person, five hundred thousand dollars per accident, and three hundred thousand dollars for property damage;

(3) The policy shall be primary and not contributing to any other insurance maintained by the city;

(4) The policy shall name the city of La Puente, its city council, and its officers, agents and employees as additional insureds;

(5) The policy may include a property damage deductible or self-insured retention not greater than five thousand dollars per occurrence. Self-insured retention in excess of five thousand dollars may be acceptable upon satisfaction of the city’s financial requirements including proof of ability to pay claims inside the self-insured retention per vehicle;

(6) The policy shall provide the director with thirty days’ prior notice of any cancellation or modification of the policy; and

(7) A certificate of insurance shall be attached to every application for a taxicab vehicle permit submitted by the taxicab operator.

(c) Every taxicab operator with a permit issued pursuant to this article shall be required to sign an indemnification statement indemnifying the city of La Puente.

(d) Any taxicab operator who fails to have in effect or to maintain the required automobile insurance coverage and who continues to allow taxicab operation shall have his or her permit suspended for a period not to exceed fifteen days pending revocation proceedings pursuant to Section 5.48.120 of this chapter.

(Ord. 788 § 28 (part), 1999)

In issuing a taxicab operator’s permit under this chapter, the following information shall be specified in every taxicab operator’s permit:

(a) The number of taxicabs the taxicab operator is permitted to operate;

(b) The rates which the taxicab operator shall charge or the maximum or minimum rates or both above which or below which he shall not charge;

(c) The response time for taxicab service which the taxicab operator must meet under normal conditions;

(d) The location of the taxicab stand or stands, no one or which shall exceed forty feet in length on the public highway, from which the taxicab operator may accept passengers;

(e) The area within which the taxicab operator may accept passengers; and

(f) Any other conditions imposed on the permit by the city manager, or by the city council on appeal.

The permittee shall sign an affidavit regarding her or his acceptance of the conditions.

(Ord. 788 § 28 (part), 1999)

No taxicab operator’s permit issued under this article shall be transferred. The following transactions shall be considered transfers:

(a) The list of transactions set forth in paragraphs (1) to (8) of Section 5.08.090(a) of this title.

(b) The transfer of a business from an individual, partnership, corporation, cooperative, member stock-type operation, service organization, or other association to any other such individual, partnership, corporation, cooperative, member stock-type operation, service organization, or other association.

(Ord. 788 § 28 (part), 1999)

(a) Posting Requirements. Every taxicab operated shall display in full view of passengers in both the front seat and the rear seat, in letters and figures which are clearly labeled and not less than one-quarter inch high (1) a schedule of rates to be charged, and (2) a notice that a schedule of customary rates from La Puente to major points of interest is available on request. The schedule shall have printed thereon the name of the taxicab operator under whose permit the taxicab is permitted to operate and the business address and telephone number where comments or complaints regarding the taxicab service may be directed.

(b) Taxicab Equipment. Every taxicab into which passengers are accepted for transportation within the city of La Puente shall have the following equipment:

(1) A taximeter, as defined in this chapter;

(2) A radio transmitter and receiver capable of two way communication with a dispatcher;

(3) Legible signs posted inside and outside the taxicab to notify persons that the driver carries only five dollars in change on his or her person;

(4) A trunk device which will permit the opening of the trunk lid from the inside of the trunk;

(5) A permanent fixture to display the taxicab driver’s permit in prominent view of the passengers;

(6) Prominent signs giving the name and telephone number of the taxicab operator and the taxicab number on the sides of the taxicab. The taxicab number shall also be conspicuously displayed on the rear portion and inside the taxicab;

(7) No fewer than four working doors, except that a handicapped accessible mini-van may be used;

(8) A fire extinguisher;

(9) Four flares;

(10) At least two emergency reflectors;

(11) Spare tire and jack;

(12) Windows which customers can open from inside; and

(13) Working headlights, taillights, turn-signals, back-up lights, and brake lights, including the “cyclops” or third brake light, if the car has been manufactured in 1988 or later.

(c) Taximeter. Every taximeter shall be of such type and design as has been accepted by the California Department of Agriculture, and shall be maintained at all times in accordance with standards of accuracy established by such department. Every taximeter shall be placed so that the reading dial showing the amount to be charged shall be well lighted and readily discernible at all times by passengers riding in the taxicab. The taxicab operator shall have all taximeters tested by the county department of weights and measures for accuracy in accordance with the procedure of the department, and shall report the results in writing to the director within thirty days after such testing.

(d) Prohibited Equipment. No taxicab shall be equipped with scanners or other devices which can be used to intercept radio signals and dispatches sent to specific destinations.

(e) Misleading Documents. Receipts, cards, etc. issued by the driver to a customer shall match the taxicab and not mislead a customer to think that he or she patronized a taxi company other than the one actually patronized.

(f) Prohibited Advertising. It is illegal to direct advertisements primarily at La Puente residents, visitors, and businesses which represent that an operator is permitted to do business in La Puente if the operator is not permitted in La Puente.

(g) Equipment Waiver Conditions. Notwithstanding the provisions of this article, the city manager may waive any equipment requirement upon a showing of good cause by any applicant or permittee. Such waiver shall be specified on the taxicab operator’s permit and any applicable vehicle permit.

(h) Vehicle Inspection. Every taxicab operator shall perform a yearly inspection of all taxicabs operating as part of his or her taxicab service. Such inspection shall be made by a certified automotive repair dealer. Each taxicab operator shall provide the director with written confirmation, signed by that repair dealer, that the taxicabs have been inspected and are in good working order within ten days of the inspection. Taxicabs which have been inspected pursuant to the requirements of another governmental entity may submit proof of such inspections in lieu of the inspection required herein.

(i) Record Keeping. Taxicab operators shall maintain the following records for each order of service:

(1) Location and time of pickup;

(2) Identification of order taker;

(3) Date and time of the order;

(4) Time delay quoted;

(5) Identification of dispatcher;

(6) Identification of taxicab dispatched;

(7) Time of dispatch; and

(8) Whether handicapped accessible vehicle is requested.

Such records shall be available for inspection by the director and the sheriff for a period of at least six months.

(j) Information to Sheriff. Upon request, every taxicab operator issued an operator’s permit shall inform the director or the Los Angeles County sheriff’s department or any duly authorized peace officer of the names, addresses, and the source of all taxicab drivers’ permits or vehicle licenses of all taxicab drivers employed, managed or otherwise connected to such taxicab operator.

(k) Changes in Members or Documents. An association, solely-owned partnership, stock corporation, franchise-type operation, cooperative stock-type operation, issued an operator’s permit shall notify the director and the Los Angeles County sheriff’s department immediately of any changes in membership, stock ownership, corporate officers, operating officers, or modification in operations, agreements, articles, bylaws or other memoranda of the permittee, in the operation of the taxicab service.

(l) Service Time Orders and Notice of Delays. Patrons shall be informed of the availability of taxi service. Orders for immediate service shall be dispatched within a five minute period unless the patron is informed of a probable time delay. “Time orders” shall be dispatched so that the taxicab can arrive at the time promised. An order for service which cannot be met within a reasonable time shall be referred to another taxicab operator authorized to serve the city.

(m) Taxicab Drivers—Permit Preconditions. A taxicab operator shall not permit any person to operate a taxicab authorized under his or her taxicab operator’s permit unless such person has in his or her possession a valid driver’s license issued by the state of California Department of Motor Vehicles and a current taxicab driver’s permit and taxicab driver’s identification card obtained in accordance with the provisions of this chapter.

(n) Contracts and Agreements. Any taxicab under a taxicab operator’s permit may be operated pursuant to a driver’s contract, agreement or understanding between either the taxicab operator or a taxicab driver operating under such taxicab operator’s permit and any other permitted taxicab driver. Such contract, agreement or understanding shall not relieve any taxicab operator or taxicab driver from full and complete compliance with applicable provisions of this chapter.

(o) Operator Compliance Responsibility.

(1) Every taxicab operator issued a permit under this chapter is responsible for submitting a complete list of its permitted, duly qualified drivers every calendar month to the director and shall notify the director within forty-eight hours of the termination of any employee employed as a taxicab driver.

(2) Every taxicab operator issued a permit under this chapter shall hire and contract with a professional manager to act as the operating officer of that taxicab operation and that qualified manager shall be responsible for the oversight and management of that taxicab operation. The professional manager selected shall have no less than three years experience in the transportation industry, or the equivalent training in management.

(3) Every taxicab operator issued a permit under this article is responsible for complying with the provisions of this article, any rules or regulations adopted by the city council, or promulgated by the director, and for obtaining the compliance of its officers, employees, taxicab drivers, association members, agents or any other person connected with such taxicab operator in providing taxicab service.

(p) Insurance Requirements. Continuing compliance with Section 5.48.080 of this chapter.

(q) Presentment of Permit.

(1) Every person required to have a permit pursuant to this article shall post, or carry such permit pursuant to the requirements of Section 5.08.070 of this title.

(2) Every taxicab shall be required to affix its vehicle permit on the rear windshield of the taxicab so that it is clearly visible from outside the vehicle. If, because of the presence of other stickers required by law, the sticker cannot be placed on the rear windshield, the sticker shall be attached to the vehicle in a conspicuous location, as close as possible to the windshield and in a manner clearly visible from outside the vehicle. The taxicab operator may substitute one vehicle in place of another if the substituted vehicle complies with the taxicab operator’s permit.

(r) Compliance by Taxicab Drivers. A taxicab operator shall not allow or encourage its taxicab drivers to violate any of the provisions in this chapter.

(Ord. 788 § 28 (part), 1999)

In addition to the grounds set forth in Section 5.08.110(b) of this title, any permit issued pursuant to this chapter may be modified, suspended or revoked if:

(a) The level of service provided by the permittee is inadequate to serve the city of La Puente;

(b) The permit is not justified by public convenience and necessity;

(c) The color scheme or insignia used by the permittee is so similar to that of another taxicab operator that its use will tend to deceive or confuse the public;

(d) The permittee has failed to satisfy all conditions of the city’s senior coupon program;

(e) The permittee has a poor safety record with respect to the operation of his taxicab service in the city of La Puente or in other areas in which it operates a taxicab service;

(f) The permittee has a record of complaints filed against it with the city or with other agencies in connection with his or her operation of a taxicab service;

(g) The vehicles which the permittee uses in connection with the taxicab service are in poor or inadequate operating condition; or

(h) The permittee violated the provisions of this chapter or allowed any of its employees or agents to violate the provisions of this chapter.

(Ord. 788 § 28 (part), 1999)