Lompoc Municipal Code Art. II Owners' Permits

It shall be unlawful for any owner to operate or cause to be operated any taxicab, owned or controlled by such owner, unless such owner has first obtained a permit as provided in this Chapter, and unless such permit shall be in full force and effect.

(Prior code § 3005)

Any person desiring to obtain an owner's permit under this Article shall make written application therefor to the City Council, such application to be filed with the City Clerk. Such application shall be accompanied by an affidavit of the applicant if the applicant is a corporation, partnership, association or unincorporated association. Such application and affidavit shall set forth the following facts:

A. The name, age, residence and business address of the applicant, if a natural person.

B. If a corporation, the name; the date and place of incorporation; the address of its principal place of business; the names of all its officers and their respective addresses.

C. If a partnership, association or unincorporated association, the names of the partners comprising the partnership, association or unincorporated association together with their respective addresses.

D. A current, valid certificate of convenience and necessity issued by the City of Lompoc, pursuant to this Chapter.

E. A roster of the vehicles to be operated as taxicabs, including type of vehicle, year of manufacture, serial number, and vehicle registration number.

F. A schedule of rates, fares, and charges for the offered taxicab services.

G. A copy of the company's or owner's formal drug and alcohol policy for persons employed as taxicab drivers, including written procedures for a mandatory testing certification program for alcohol and the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, in compliance with Government Code Section 53075.5. Such policy shall contain a provision that while the owner's permit is in effect, every such permittee shall, upon the request of the Chief of Police, make available for inspection copies of all results and other records pertaining to testing for the use of alcohol and controlled substances conducted pursuant to Federal law, including those records in individual driver's files.

H. Such other information as the City Council may deem necessary for determining whether the applicant is entitled to an owner's permit under the terms of this Article.

(Prior code § 3006)

A. An application for an owner's permit under this Article shall be accompanied by a policy of insurance issued by a solvent and responsible company authorized to do business in California, insuring the owner and driver of such taxicab against claims for injuries to persons or damage to property which may arise from or in connection with the maintenance and operation of the vehicle as a taxicab, including passenger and cargo loading and unloading.

B. The policy of insurance shall cover each taxicab used or controlled in the City by the owner and shall name all drivers as insured parties. Such policy of insurance shall be in an amount of not less than $300,000.00 per accident for bodily injury and property damage.

C. Such policy of insurance shall guarantee the payment to any persons suffering injury or damage to property of any final judgment rendered against such owner within the limits above specified, regardless of the financial condition of any such owner, and shall inure to the benefit of such owner.

D. Such policy of insurance shall contain a statement on the part of the insurance company insuring the same, and incorporated therein, that the policy will not be canceled except after ten days' notice to the City addressed to the City Clerk.

E. Such policy of insurance, or a true copy of thereof, shall be filed with the City Clerk. All motor vehicle liability policies and all certificates thereof shall be subject to the approval of the City Attorney in any and all matters and if, at any time, in the judgment of the Council, the motor vehicle liability policies are not sufficient for any cause, the Council may require the owner of such motor vehicle who filed the same to replace the motor vehicle policies within ten days with other policies, in accordance with the provisions of this Section. If the owner fails to replace the motor vehicle policies within the ten-day period with good and sufficient policies, as set out in this Section, then, at the termination of the period, the owner's permit issued under this Chapter shall be, by such failure, automatically suspended until such time as the requirement is complied with, and the Chief of Police shall enforce such suspension.

(Prior code § 3007)

A. A fee of $25.00 per taxicab, per year, payable annually in advance on or before the first day of each year at the office of the City Clerk shall be due and payable by the applicant for an owner's permit under this Article or any renewal thereof, which fee shall be in addition to any other fees required to be paid by a taxicab owner or driver under the terms of this Code or any other ordinance of the City.

B. No permit or renewal thereof shall be issued until the fee therefor is paid.

(Prior code § 3008)

Upon the receipt of any application for an owner's permit under this Article, the City Council shall direct a proper officer to investigate the statements made in the application and accompanying affidavit, and shall direct the Chief of Police to investigate the applicant if a natural person, and all partners, associates, officers and directors of the applicant if the applicant is a firm or corporation. The City Council shall also direct the City Attorney to investigate the policy of insurance required, and to determine whether such policy is a legal and binding obligation, and complies with the requirements of this Article. At the next succeeding regular meeting of the City Council, or as soon thereafter as may be reasonably necessary, the officers charged with the duty of making such investigation shall submit reports setting forth the results of the investigations.

(Prior code § 3009)

If the reports of investigations of an applicant for an owner's permit pursuant to this Article show that all material statements contained in the application and accompanying affidavit are true, and if it does not appear from such reports that the applicant, nor any partner, associate, officer or director of the applicant is a fugitive from justice, and if it appears that the policy of insurance is a legal and binding obligation and complies with the requirements of this Article then the City Council shall direct that a permit be issued to the applicant.

(Prior code § 3010)

When any owner's permit is granted under this Article, the City Clerk shall issue to the permittee a certificate, giving the name and address of the permittee and the date when the same was granted.

(Prior code § 3011)

Any person seeking a renewal of an owner's permit theretofore issued to them under this Article shall be issued a permit by the City Clerk upon the payment of the fees required, without making application as in the case of an original permit.

(Prior code § 3012)

No owners permit issued under this Article shall be in any manner assignable or transferable.

(Prior code § 3013)

A. Upon the issuance of an owner's permit under this Article, the City Clerk shall supply the owner with an identifying sticker which shall be affixed by the owner to the rear window of each taxicab owned or controlled by the owner, and being currently used as a taxicab, in such manner that it can be at all times readily seen by any of officer charged with the enforcement of the provisions of this Chapter.

B. There shall be entered upon each sticker such information as the City Council may deem necessary for the purpose of identifying the vehicle, its owner, and whether the current owner's permit fee has been paid. The sticker shall be of distinctive colors, and the same color shall not be issued or used during two consecutive licensing periods. Failure to have a sticker issued for the current period affixed to the rear window of the taxicab shall constitute a violation of the terms of this Chapter.

(Prior code § 3014)

A. The Chief of Police may revoke or refuse to renew any owner's permit issued under this Article upon conviction of the owner or any partner, officer or principal of the owner's business entity of any felony bearing upon the owner's fitness to operate a taxicab company, or of any misdemeanor involving moral turpitude, if reasonably related to the owner's qualifications or fitness to control or operate taxicabs, or upon it satisfactorily appearing that the policy of insurance required by Section 5.36.070 has ceased to be a legal and binding obligation.

B. In the event any permit is suspended, terminated, or not renewed under this Chapter, the holder thereof may appeal such action in accordance with the provisions of Section 5.36.250 of this Chapter.

(Prior code § 3015)