Lancaster Municipal Code Ch. 5.28 Taxicab Operator's

5.28.010 - Definitions.¶

A. For purposes of this chapter, the following words and phrases have the following meanings:

"City" means the city of Lancaster.

"City council" means the city council of the city of Lancaster.

"City manager" means the city manager of the city of Lancaster or his or her designee.

"Code enforcement officer" means any city employee appointed by the city manager and authorized to inspect taxicabs pursuant to this chapter.

"Finance director" means the finance director of the city of Lancaster or his or her designee.

"Operating license" means a taxicab operating license issued pursuant to the provisions of this chapter.

"Operator" means any individual, partnership, corporation, limited liability company or association that is the registered owner or has the use or control of any vehicle used as a taxicab, whether as owner, lessee or otherwise.

"Permit" means an operating permit issued pursuant to the provisions of this part.

"Taxicab" means every motorized vehicle which transports passengers for hire under the direction of those passengers or other persons hiring the vehicle, at rates based on the distance, duration or waiting time of a trip, or any combination of such rates.

"Taxicab driver" means any individual who drives or is in actual physical control of a taxicab.

"Taxicab driver's license" means a taxicab driver's license issued pursuant to the provisions of this chapter.

(Ord. 859 Att. A (part), 2006: Ord. 777 § 1 (part), 2000: Ord. 763 § 1 (part), 1999)

Exceptions & meaning →

5.28.020 - Operating license requirement.¶

A. Unlawful to Operate a Taxicab Without a License. It is unlawful for any person to operate a taxicab in the city without first obtaining a license authorizing such operation pursuant to the provisions of this chapter. Any such unlawful operation shall constitute a misdemeanor. This chapter shall not apply to a taxicab operator based outside the city, an incidental portion of whose business involves the transport of passengers from points outside the city to destinations within the boundaries of the city.

B. Application for License. It shall be the sole responsibility of every person required to obtain an operating license to apply on a form provided by the city manager. Any person who makes a false statement on the application shall be guilty of a misdemeanor.

Contents of Application. Applications for an operating license shall contain the following information, as applicable:

a. The name of the applicant;

b. The residence address and telephone number of the applicant;

c. The business address and telephone number of the applicant;

d. The fictitious business name, if any, under which the applicant does business or proposes to do business and a copy of the applicant's fictitious business name statement filed with the county of Los Angeles;

e. The name, address and telephone number of all directors, officers, shareholders, partners, employees or other individuals who are financially interested in the proposed operation of the taxicab business or who are involved or proposed to be involved, directly or indirectly, with the management of the business;

f. The number of taxicabs for which a permit is desired. A description of each vehicle, giving the license number, vehicle identification number, model, make, year of manufacture and passenger seating capacity;

g. The color scheme, name and other distinguishing insignia proposed to be used on each vehicle;

h. The make and type of taximeter to be installed in each taxicab;

i. The proposed schedule of rates or fares to be charged for providing taxicab services, including the method by which such rates are to be determined;

j. A current financial statement of the applicant;

k. A statement outlining the past experience of the applicant in the taxicab business;

l. Evidence of insurance coverage as required pursuant to subsection D of this section;

m. Completed taxicab driver's license applications for each of the taxicab drivers the applicant employs or intends to employ, or with whom the applicant contracts or intends to contract for taxicab driving purposes;

n. One of the following:

i. A receipt from the Los Angeles County Sheriff's Department evidencing that the applicant has (i) submitted fingerprint cards for each of the individuals listed pursuant to subsections (B)(1)(a), (e) and (m) of this section on Form FD258 or such other fingerprint card as is accepted by the Department of Justice and the Federal Bureau of Investigation; and (ii) paid any and all fees required to conduct background checks on such individuals, or

ii. A receipt evidencing that the applicant has (i) obtained electronic fingerprint scans, also known as Livescan, to the extent such technology is available, for each of the individuals listed pursuant to subsections (B)(1)(a), (e) and (m) of this section; and (ii) paid any and all fees required to conduct background checks on such individuals, or

iii. A letter authorizing the city to utilize data retrieved pursuant to a background check completed within forty-five (45) days of the applicant's submission of its application to the city. Such authorization letter shall state the names and include the signatures of each of the individuals listed pursuant to subsections (B)(1)(a), (e) and (m) and shall state the name of the jurisdiction or entity that conducted the previous background check. Data retrieved pursuant to a background check conducted by the Los Angeles County Sheriff's Department shall be presumed valid. Data retrieved pursuant to a background check conducted by any other jurisdiction or entity shall be accepted upon approval by the city manager;

o. One of the following:

i. A receipt evidencing that the applicant and each of the individuals identified pursuant to subsections (B)(1)(a), (e) and (m) of this section have tested negative for each of the controlled substances identified in Part 40 (commencing with Section 40.1) of Title 4901 of the Code of Federal Regulations pursuant to a controlled substances test administered pursuant to the requirements of such regulations; or

ii. A letter authorizing the city to use data retrieved pursuant to a controlled substances test completed within forty-five (45) days of the applicant's submission of the application to the city. Such authorization letter shall include the names and the signatures of each of the individuals listed pursuant to subsections (B)(1)(a), (e) and (m) of this section and shall state the name of the jurisdiction or entity that conducted the previous controlled substances test. Data retrieved pursuant to a controlled substances test conducted by the Los Angeles County Sheriff's Department shall be presumed valid. Data retrieved pursuant to a controlled substances test conducted by any other jurisdiction or entity shall be accepted upon approval by the city manager;

p. A "status of taximeter registration" form from the County of Los Angeles Department of Weights and Measures which has been signed by an authorized representative of said department and which shows that taximeter registration is valid at time of decaling;

q. A vehicle inspection report completed by a city authorized auto inspection center confirming the vehicle has satisfactorily passed all safety inspection requirements;

r. A statement of the street number and exact location of any and all taxi stands that the applicant proposes to use;

s. Certification of satisfactory completion of the controlled substance and alcohol testing program as set forth in subsection S of this section by all of the individuals listed under subsections (B)(1)(a), (e) and (m) of this section;

t. Such additional information as the city manager deems necessary.

Extension of Time. The city manager may extend the time required for filing an operating license application for good cause, for a period not exceeding thirty (30) days, and may waive any penalty that would otherwise accrue thereon.

C. Color Scheme Restrictions. If the city manager finds that the color scheme or insignia specified in an application for an operator's license is so similar to that of an existing operator as to deceive or confuse the public, the applicant must amend such application to designate a different color scheme or insignia. The city manager shall not issue an operating license if the application specifies a color scheme or insignia similar enough to that of an existing operator so that the public will be deceived or confused by it.

D. Insurance. Every applicant for an operating license shall obtain and maintain commercial comprehensive general liability insurance and comprehensive automobile liability insurance in full force and effect.

The amount of the commercial comprehensive general liability insurance shall be determined by the city manager. However, in no event shall such insurance be written with a combined single limit of less than one million dollars ($1,000,000.00) per occurrence. Such insurance shall be endorsed for premises/operations and contractual liability, and shall name the city as an additional insured and shall be primary to and not contributing with any other insurance covering or maintained by the city.
The amount of comprehensive automobile liability insurance shall be determined by the city manager. However, in no event shall such insurance be written with a combined single limit of less than three hundred thousand dollars ($300,000.00) per occurrence, or limits of less than one hundred thousand dollars ($100,000.00) per person/three hundred thousand dollars ($300,000.00) per accident/fifty thousand dollars ($50,000.00) property damage, or any combination of commercial insurance which provides less than the equivalent limits. Such insurance may include a property damage deductible or self-insured retention less than or equal to two thousand five hundred dollars ($2,500.00) per occurrence.
Such insurance shall be provided by insurer(s) satisfactory to the city manager. Evidence of such insurance shall be attached to the operating license application.
The limits of such insurance shall be subject to review and alteration by the city manager.
Failure to maintain insurance in full force and effect as required by this Section 5.28.020(D) shall constitute a basis for immediate revocation of any license issued pursuant to this chapter.

E. Term of Operating License. Operating licenses shall be valid for a term of not more than twelve (12) months commencing on the first day of the month when the license application and fee are received by the city manager.

F. License Fee. Each applicant shall pay an annual operating license fee when application is made for the license. The city's issuance of a receipt to the operating license applicant for payment of the fee shall not constitute the receipt of an operating license. The fee is non-refundable. The amount of the license fee shall cover the costs of processing the application and shall be established by resolution of the city council.

Error in Calculating Fee. In no case shall any error in calculating or in stating the amount of a license fee prevent the collection of the correct amount due from any person operating or intending to operate a taxicab in the city.
License Fee a Debt. The amount of any license fee or penalty imposed by this chapter shall constitute a debt to the city.
Refunds. Upon approval of the city manager or his or her designee, the finance director may refund any license fee or penalty erroneously collected. However, no license fee shall be refunded if the applicant engaged in the taxicab business prior to application for the license. License fees shall not be refunded for any fraction of a year that business is not conducted.

G. Due Date for License Fee. The license fee for an operating license is due when the application is submitted to the city manager. The fee for renewal of all operating licenses is due the first day of the month following the expiration date stated on the license.

H. Penalties.

Failure to Pay Fee. In the event of failure to pay an operating license fee when due, the finance director shall add a penalty of twenty (20) percent of the license fee on the first day of the month following the due date, and ten (10) percent each month thereafter while the fee remains unpaid. In no event shall the amount of the penalty exceed fifty (50) percent of the amount of the license fee due.
Failure to Obtain License. If a person fails to obtain an operating license, the license fee due shall be the amount due and payable from the first date when the person engaged in taxicab operation in the city, together with the penalty described in subsection (H)(1) of this section.

I. Issuance of License. Upon the approval of an application for an operating license and payment of the required fee, the city manager shall issue an operating license to the applicant.

J. Contents of License. Each operating license issued shall contain the following:

The name of the taxicab operator;
The address of the taxicab operator;
The telephone number of the taxicab operator;
The expiration date of the operating license;
Such other information as deemed necessary by the city manager.

K. Grounds for Denial of License. The city manager or his or her designee may deny issuance of a taxicab operating license for any of the following reasons:

Failure to comply with this chapter, an ordinance of the city, federal or state law; or
Receipt of a negative recommendation by the Los Angeles County Sheriff's Department, or any other jurisdiction or entity as designated by the city manager, upon completion of background checks or upon review of data retrieved pursuant to previously conducted background checks as set forth in subsection (B)(1)(n) of this section, which data reveals any of the following:

a. Conviction or guilty plea to one or more crimes against persons. Crimes against persons shall include, but shall not be limited to, murder, manslaughter, robbery, rape or other sexual crimes, extortion, assault, or battery, or

b. Conviction or guilty plea to two or more crimes against property during the seven years preceding submission of the application. Crimes against property shall include, but shall not be limited to, burglary, grand theft, forgery and fraud, or

c. Conviction or guilty plea to two or more drug-related crimes during the seven years preceding submission of the application. Drug-related crimes shall include, but shall not be limited to, possession, sale or possession for sale of any Schedule I or Schedule II narcotic,

d. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety;

A positive test for controlled substances and/or alcohol as set forth in subsection S of this section.

L. Appeal. If an applicant for an operating license is aggrieved by any decision of the city manager regarding the issuance, denial or revocation of a license, the applicant may appeal the decision by submitting a notice of appeal in accordance with the uniform appeal procedure set forth in Chapter 2.44 of this code.

M. Amendment of License. An operating license may be amended to reflect a change in business name and/or mailing address upon filing a statement of such fact and payment of a fee to the finance director. The fee shall be established by resolution of the city council. The unexpired operating license previously issued shall be returned to the city manager prior to the issuance of the amended license. An operating license may not be amended to reflect a change in the person(s) operating the taxicab business; a new license must be obtained as provided herein.

N. Transfer of Licenses. Operating licenses issued pursuant to this chapter are not transferable.

O. Duplicate License. A duplicate operating license may be issued by the city manager to replace any operating license previously issued which has been lost or destroyed, upon filing a statement that the license has been lost or destroyed and paying a fee to the finance director. The fee shall be established by resolution of the city council.

P. Revocation of License. The city manager may revoke any operating license issued under this chapter for any of the following reasons:

The city manager determines that the licensee has obtained the license by misrepresentation or has failed to comply with the provisions of this chapter.
The city manager receives a negative recommendation from the Los Angeles County Sheriff's Department, or any other jurisdiction or entity as designated by the city manager, regarding any of the individuals listed under subsection (B)(1)(a) or (e) of this section based upon data that reveals any of the following:

b. Conviction or guilty plea to two or more crimes against property during the preceding seven years. Crimes against property shall include, but shall not be limited to, burglary, grand theft, forgery and fraud; or

c. Conviction or guilty plea to two or more drug-related crimes during the preceding seven years. Drug-related crimes shall include, but shall not be limited to, possession, sale or possession for sale of any Schedule I or Schedule II narcotic; or

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months; or

e. A positive test for controlled substances and/or alcohol as set forth in subsection S of this section; or

f. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety.

The licensee or any individual listed under subsection (B)(1)(a) or (e) of this section tests positive for controlled substances and/or alcohol as set forth in subsection S of this section.
The licensee continues to employ or to maintain an independent contracting relationship with a taxicab driver for more than twenty-four (24) hours following the licensee's actual knowledge of any of the following regarding such taxicab driver:

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months; or

e. A positive test for controlled substances and/or alcohol as set forth in subsection S of this section; or

f. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety.

The licensee permits an individual not licensed pursuant to this chapter to operate a taxicab.
The city manager receives notice from the licensee's insurance carrier, listed pursuant to subsection D of this section, stating that the licensee's insurance has been canceled, revoked, voided or otherwise rendered invalid.
The city manager is advised that the licensee has been convicted of or pleaded guilty to operating in violation of any federal, state or local law.
A positive test for controlled substances and/or alcohol as set forth in subsection S of this section.

Q. Cancellation of License Due to Discontinuance of Service. If the operator who is issued the operating license discontinues taxicab service for a period of forty-five (45) days, the license shall be canceled automatically, and shall be reissued only upon application in accordance with this chapter.

R. Regulatory Measure. The license fee established pursuant to this chapter is for processing the operating license applications. Persons required to pay an operating license fee for operating taxicabs under this chapter shall not be relieved from the payment of fees under other provisions of this code, including but not limited to the business license fee, and shall remain subject to the regulatory provisions of all other city ordinances.

S. Controlled Substance and Alcohol Testing Certification Program. All taxicab operators, as well as each individual identified pursuant to Section 5.28.020(B)(1)(a), (e) and (m) of this chapter, prior to submitting an application to the city, shall undergo testing for controlled substances and alcohol. The procedures for such testing and the controlled substances to be tested for shall be as referenced and required in Section 53075.5 of the California Government Code.

The test results shall be reported directly to the city manager.
All test results are confidential and shall not be released without the consent of the taxicab operator, except as authorized or required by law.
Upon the request of a taxicab operator applying for a taxicab operator's license, the city shall provide the taxicab operator with a list of consortia certified pursuant to Part 382 of Title 49 of the Code of Federal Regulations that offer testing in or near the city.
No evidence derived from a positive test result pursuant to this program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.

T. Compliance with Other Laws. The payment of an operating license fee and the issuance of an operating license shall not entitle the licensee to operate taxicabs unless the licensee has complied with all requirements of this chapter and any other applicable federal, state or local regulations.

U. Indemnification. As a condition of the operating license, the operator agrees to indemnify, defend and hold harmless the city, its agents, officers and employees from and against any and all liability or expenses arising from or connected with the operator's activities or any services performed by or on behalf of the operator by any person pursuant to this license. Such liability or expenses shall include defense costs and legal fees and claims for any damages of any nature, including but not limited to bodily injury, death, personal injury or property damage.

(Ord. 859 Att. A (part), 2006: Ord. 777 § 1 (part), 2000: Ord. 763 § 1 (part), 1999)

Exceptions & meaning →

5.28.030 - Operating permit—Display.¶

A. Issuance of Operating Permit. Upon the issuance of an operating license, the city manager shall also issue to the operator a permit for each taxicab which the operator is authorized to operate under the operating license.

B. Contents of Operating Permit. Each permit shall contain the following information:

The name, address and social security number of the operator;
The license plate number of the taxicab for which the operating permit is being issued;
The vehicle identification number of the taxicab for which the operating permit is being issued;
The expiration date of the operating permit, which shall be the same as the expiration date of the licensee's taxicab operating license.

C. Display of Permit. Each permit shall be displayed prominently on the rear trunk lid of the taxicab for which it is issued.

D. Transfer of Permit. Permits issued pursuant to this chapter shall not be transferable.

E. Duplicate Permit. A duplicate permit may be issued by the city manager to replace any permit previously issued which has been lost or destroyed, upon filing a statement that the permit has been lost or destroyed and paying a fee to the finance director. The fee shall be established by resolution of the city council.

F. Revocation of Permit. The city manager may revoke any permit issued under this chapter for any of the following reasons:

The city manager determines that the permit holder has obtained the license by misrepresentation or has failed to comply with the provisions of this chapter.
The city manager receives a negative recommendation from the Los Angeles County Sheriff's Department, or any other jurisdiction or entity as designated by the city manager, regarding any of the individuals listed under subsection (B)(1)(a) or (e) of this section based upon data that reveals any of the following:

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months; or

e. A positive test for controlled substances and/or alcohol as set forth in Section 5.28.040(S) of this chapter; or

f. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety.

The permit holder or any individual listed under subsection (B)(1)(a) or (e) of this section tests positive for controlled substances and/or alcohol as set forth in Section 5.28.020(S) of this chapter.
The permit holder continues to employ or to maintain an independent contracting relationship with a taxicab driver for more than twenty-four (24) hours following the permit holder's actual knowledge of any of the following regarding such taxicab driver:

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months; or

e. A positive test for controlled substances and/or alcohol as set forth in Section 5.28.020 (S) of this chapter; or

f. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety.

The permit holder permits an individual not licensed pursuant to this chapter to operate a taxicab.
The city manager receives notice from the permit holder's insurance carrier, listed pursuant to Section 5.28.020(D) of this chapter, stating that the permit holder's insurance has been canceled, revoked, voided or otherwise rendered invalid.
The city manager is advised that the permit holder is operating in violation of any federal, state or local law.

(Ord. 859 Att. A (part), 2006: Ord. 777 § 1 (part), 2000: Ord. 763 § 1 (part), 1999)

Exceptions & meaning →

5.28.040 - Operating requirements.¶

A. Designated Equipment. Every taxicab licensed under this chapter shall have the following equipment:

A taximeter of such type and design as has been accepted by the California Department of Agriculture. Taximeters 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 to passengers. The department of weights and measures of the County of Los Angeles shall test all taximeters for accuracy in accordance with the procedure of such department, and the results shall be reported in writing to the city manager by the operator within thirty (30) days after the test;
A radio transmitter and receiver capable of two-way communication with a dispatcher which shall be in operation at all times when the taxicab is in service;
A permanent fixture to display the taxicab driver's license in prominent view of the passengers;
A permanent fixture to display the rates charged for travel in the taxicab in prominent view of the passengers.

B. Service Records.

Taxicab operators shall maintain the following records for each call or request for service:

a. Location of pickup;

b. Number of passengers;

c. Location of destination;

d. Identification of person taking the request;

e. Date and time of request;

f. Time delay quoted;

g. Identification of dispatcher;

h. Identification of taxicab and name of driver dispatched to fulfill request;

i. Time of dispatch;

j. Time of drop-off at destination; and

k. Amount of fare collected.

Such records shall be available for inspection by the city manager for a period of at least six months following the date of service rendered.

C. Safety and Cleanliness. Each taxicab operated in the city shall be maintained in a safe, clean and sanitary manner. No person shall operate a taxicab that is unsafe, unsuitable for service, or that contains defective equipment. The following conditions shall, without limitation, presumptively render a taxicab unsafe for operation:

Excessive leakage of oil, gasoline, coolant, transmission fluid or any other substance from any part of the taxicab;
Any defects in the frame or chassis of the taxicab;
Failure of any taxicab fixture, such as door handles, doors, windows, interior lights, hood, trunk, etc., to function properly;
Failure to maintain the headlights, turn signal indicators, tires or brakes in good operating condition;
Failure to maintain the engine, transmission or other mechanical parts of the vehicle in good operating condition;
Failure to have an exhaust system which is in compliance with state law or is in good working condition;
Excess dents or scratches in the body of the taxicab;
Improper maintenance of the exterior color scheme;
Excessive wear on the floor mats, upholstery or other portions of the taxicab's interior;
Such other conditions as the city manager shall deem appropriate.

D. Inspection of Taxicabs. Any taxicab shall be subject to reasonable and periodic inspection by the Los Angeles County Sheriff's Department, the city manager, any code enforcement officer, or any other peace officer for the purpose of determining whether such taxicab is in compliance with the provisions of this chapter or otherwise safe for operation.

E. Impoundment. Any taxicab which fails to meet the requirements of the California Vehicle Code or this chapter after inspection or otherwise, or which is operated by a taxicab driver or operator not properly licensed pursuant to this chapter, may be ordered out of service and/or impounded by the Los Angeles County Sheriff's Department, the city manager, or any code enforcement officer. In addition, any taxicab which fails to meet the requirements of the California Vehicle Code may be impounded by the Los Angeles County Sheriff's Department.

If a taxicab is ordered out of service, its operating permit must be immediately removed from display.
Before a taxicab may be placed in service again, the violation must be corrected and the taxicab must be inspected by the Los Angeles County Sheriff's Department, the city manager, or a code enforcement officer and approved for placement in service, and pay an application fee as prescribed by city resolution.
If an unlicensed taxicab is impounded, it may be conditionally released for a period of thirty (30) days during which period its owner must obtain a status of taximeter registration form pursuant to Section 5.28.020(B)(1)(o) of this chapter and vehicle inspection report pursuant to Section 5.28.020 (B)(1)(p) of this chapter for the vehicle. If such certifications are not obtained within the thirty (30) day period, the vehicle will be impounded.

(Ord. 859 Att. A (part), 2006: Ord. 777 § 1 (part), 2000: Ord. 763 § 1 (part), 1999)

Exceptions & meaning →

5.28.050 - Taxicab driver's license requirement.¶

A. Unlawful to Drive a Taxicab Without a License. It is unlawful for any person to drive a taxicab in the city without first obtaining a taxicab driver's license authorizing such operation pursuant to the provisions of this chapter. Any such unlawful operation shall constitute a misdemeanor.

B. Application for Taxicab Driver's License. It shall be the sole responsibility of every person required to obtain a taxicab driver's license to apply on a form provided by the city manager. Any person who makes a false statement on the application shall be guilty of a misdemeanor.

Contents of Application. Applications for a taxicab driver's license shall contain the following information, as applicable:

a. The name, residence address and telephone number of the applicant;

b. The address and telephone number of the applicant's current place of employment;

c. The age of the applicant;

d. The two previous residence addresses of the applicant;

e. A statement of the applicant's employment for the three years immediately preceding the application, including the name, address and telephone number of each separate employer during that period;

f. The applicant's height, weight, eye color and hair color;

g. Two copies of recent passport-size photographs;

h. The number and expiration date of the applicant's California driver's license and a legible copy of such driver's license;

i. A written statement made under penalty of perjury as to whether the applicant has ever been convicted of any misdemeanor, felony or any violation of federal, state or municipal law, a description of any offenses or violation(s) committed, and the punishment or penalties assessed; and

j. Evidence of employment of an offer of employment by an operator licensed by the city pursuant to this chapter.

k. One of the following:

i. A receipt from the Los Angeles County Sheriff's Department evidencing that the applicant has (i) submitted fingerprint a card Form FD258 or such other fingerprint card as is accepted by the Department of Justice and the Federal Bureau of Investigation; and (ii) paid any and all fees required to conduct a background check on the applicant, or

ii. A receipt evidencing that the applicant has (i) obtained electronic fingerprint scans, also known as Livescan, to the extent such technology is available, for the applicant; and (ii) paid any and all fees required to conduct background checks on the applicant, or

iii. A letter authorizing the city to utilize data retrieved pursuant to a background check completed within forty-five (45) days of the applicant's submission of his/her application to the city. Such authorization letter shall state the name and include the signature of the applicant and shall state the name of the jurisdiction or entity that conducted the previous background check. Data retrieved pursuant to a background check conducted by the Los Angeles County Sheriff's Department shall be presumed valid. Data retrieved pursuant to a background check conducted by any other jurisdiction or entity shall be accepted upon approval by the city manager;

j. One of the following:

i. A receipt evidencing that the applicant has tested negative for each of the controlled substances identified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations pursuant to a controlled substances test administered pursuant to the requirements of such regulations; or

ii. A letter authorizing the city to use data retrieved pursuant to a controlled substances test completed within forty-five (45) days of the applicant's submission of the application to the city. Such authorization letter shall include the name and the signature of the applicant and shall state the name of the jurisdiction or entity that conducted the previous controlled substances test. Data retrieved pursuant to a controlled substances test conducted by the Los Angeles County Sheriff's Department shall be presumed valid. Data retrieved pursuant to a controlled substances test conducted by any other jurisdiction or entity shall be accepted upon approval by the city manager;

k. Such additional information as the city manager deems necessary.

C. Term of Taxicab Driver's License. Taxicab driver's licenses shall be valid for a term of twelve (12) months commencing on the first day of the month when the license application and fee are received by the city manager.

D. License Fee. Each applicant shall pay an annual taxicab driver's license fee when application is made for the license. The city's issuance of a receipt to the applicant for payment of the fee shall not constitute the receipt of a taxicab driver's license. The fee shall be nonrefundable. The amount of the license fee shall cover the costs of processing the application and shall be established by resolution of the city council.

Error in Calculating Fee. In no case shall any error in calculating or in stating the amount of a taxicab driver's license fee prevent the collection of the correct amount due from any person driving or intending to drive a taxicab in the city.
License Fee a Debt. The amount of any taxicab driver's license fee or penalty imposed by this chapter shall constitute a debt to the city.
Refunds. Upon approval of the city manager, the finance director may refund any license fee or penalty erroneously collected. However, no license fee shall be refunded if the applicant engaged in driving a taxicab in the city prior to application for the license.

E. Due Date for License Fee. The license fee for a taxicab driver's license is due when the application is submitted to the city manager. The fee for renewal of all taxicab driver's licenses is due the first day of the month following the expiration date stated on the license.

F. Penalties.

Failure to Pay Fee. In the event of failure to pay a taxicab driver's license fee when due, the finance director shall add a penalty of twenty (20) percent of the license fee on the first day of the month following the due date, and ten (10) percent each month thereafter while the fee remains unpaid. In no event shall the amount of the penalty exceed fifty (50) percent of the amount of the license fee due.
Failure to Obtain Taxicab Driver's License. If a person fails to obtain a taxicab driver's license, the license fee due shall be the amount due and payable from the first date when the person engaged in taxicab operation in the city, together with the penalty described in subsection (F)(1) of this section.

G. Issuance of Taxicab Driver's License. Upon the approval of an application for a taxicab driver's license and payment of the required fee, the city manager shall issue a taxicab driver's license to the applicant.

H. Contents of License. Each taxicab driver's license issued shall contain:

The name and business address of the person to whom the license is issued;
The name of the current employer of the person to whom the license is issued;
The expiration date of the taxicab driver's license;
A photograph of the person to whom the taxicab driver's license is issued;
Such other information as deemed necessary and established by the city manager.

I. Investigation of Applicant. The city manager may require a criminal background investigation of any applicant by the Los Angeles County Sheriff's Department as part of determining whether or not to issue a taxicab driver's license to the applicant.

J. Grounds for Denial of Taxicab Driver's License. The city manager may deny a taxicab driver's license if:

The applicant is under the age of eighteen (18) years or is not competent to operate a taxicab safely on the city streets;
The applicant does not possess a valid Class 3 driver's license issued by the California Department of Motor Vehicles;
The applicant has been convicted of reckless driving or driving under the influence of alcohol or narcotics. If the applicant has a single conviction for reckless driving or driving under the influence, which conviction predates the application by more than ten (10) years, the applicant may seek special review of the applicant's application. The city manager may approve such an application upon a showing of rehabilitation and non-recidivism. The city manager shall not approve any application in which the applicant has been convicted more than once for reckless driving and/or driving under the influence and/or in which the conviction is dated within ten (10) years of the submission of the application.
The applicant has been convicted of or pleaded guilty to more than one moving violation under the California Vehicle Code within the preceding twelve (12) months;
Any of the following:

a. The applicant has been convicted of or pleaded guilty to one or more crimes against persons. Crimes against persons shall include, but shall not be limited to, murder, manslaughter, robbery, rape or other sexual crimes, extortion, assault, or battery; or

b. The applicant has been convicted of or pleaded guilty to two or more crimes against property during the preceding seven years. Crimes against property shall include, but shall not be limited to, burglary, grand theft, forgery and fraud; or

c. The applicant has been convicted of or pleaded guilty to two or more drug-related crimes during the preceding seven years. Drug-related crimes shall include, but shall not be limited to, possession, sale or possession for sale of any Schedule I or Schedule II narcotic; or

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months; or

e. The applicant has been convicted of or pleaded guilty to such other crimes as the city manager deems a threat to public safety.

The applicant tests positive for controlled substances and/or alcohol as set forth in Section 5.28.040(S) of this chapter.

K. Appeal. If an applicant for a taxicab driver's license is aggrieved by any decision of the city manager regarding the issuance, denial or revocation of a license, the applicant may appeal the decision by submitting a notice of appeal in accordance with the uniform appeal procedure set forth in Chapter 2.44 of this code.

L. Transfer of Licenses. Taxicab driver's licenses issued pursuant to this chapter are not transferable.

M. Duplicate License. A duplicate taxicab driver's license may be issued by the city manager to replace any taxicab driver's license previously issued which has been lost or destroyed, upon filing a statement that the license has been lost or destroyed and paying a fee to the finance director. The fee shall be established by resolution of the city council.

N. Revocation of License. The city manager may revoke any taxicab driver's license issued under this chapter for any of the following reasons:

The city manager determines that the licensee has obtained the license by misrepresentation or has failed to comply with the provisions of this chapter.
The city manager receives a negative recommendation from the Los Angeles County Sheriff's Department, or any other jurisdiction or entity as designated by the city manager, regarding the licensee based upon data that reveals any of the following:

d. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months;

e. Conviction or guilty plea to one or more crimes chargeable as a felony in the preceding twenty-four (24) months;

f. A positive test for controlled substances and/or alcohol as set forth in Section 5.28.040(s) of this chapter;

g. Conviction or guilty plea to such other crimes as the city manager deems a threat to public safety.

The applicant tests positive for controlled substances and/or alcohol as set forth in Section 5.28.040(S) of this chapter.

O. Termination of Employment. A taxicab driver's license shall be rendered void upon termination of the taxicab driver's employment.

The taxicab operator which employed the terminated taxicab driver shall notify the city within three working days of such termination.
Upon termination of employment, the taxicab driver shall immediately return the taxicab driver's license to the city.

P. Regulatory Measure. The fee established pursuant to this chapter is for processing the applications required by this chapter. Persons required to pay a taxicab driver's license fee shall not be relieved from the payment of fees under other provisions of this code and shall remain subject to the regulatory provisions of all other ordinances.

Q. Compliance with Other Laws. The payment of a taxicab driver's license fee and the issuance of a taxicab driver's license shall not entitle the licensee to operate taxicabs unless the licensee has complied with all requirements of this chapter and all other applicable federal, state or local regulations.

(Ord. 859 Att. A (part), 2006: Ord. 777 § 1 (part), 2000: Ord. 763 § 1 (part), 1999)

Exceptions & meaning →