Lompoc Municipal Code Art. III Drivers' Permits

It shall be unlawful for any driver to operate or drive any taxicab within the City unless the owner thereof has obtained a permit and paid the fee therefor, as required by this Chapter, and such driver has obtained a driver's permit and paid the fee therefor and both such permits are in full force and effect.

(Prior code § 3016)

Any person desiring to obtain a driver's permit under this Article shall make written application therefor to the Chief of Police. Such application shall be accompanied by an affidavit of the applicant and set forth the facts listed below. The application will not be processed by the Chief of Police or designee until all required information has been submitted.

A. The name, age, sex and residence address of the applicant, last two previous addresses and the length of his or her residence at each and in the City;

B. Complete set of fingerprints of the applicant;

C. All criminal convictions;

D. Proof of a negative test within the past 30 days for alcohol and for controlled substances which complies with the requirement of Government Code Section 53975.5;

E. Three photographs of the applicant;

F. Whether the applicant is licensed as a driver by the State of California and the license number thereof;

G. The name and address of the applicant's employer or prospective employer;

H. Such other information as the Chief of Police may deem necessary for determining whether the applicant is entitled to a driver's permit under the terms of this Article.

(Prior code § 3017)

The fee for the original issuance and the fee for renewal of the drivers permit shall be established by the City Council by resolution and shall be paid, to the Chief of Police, at the time of application for a drivers permit. Both fees shall be in addition to any other fees required to be paid by a taxicab driver under the terms of this code or any other ordinance of the City. No permit shall be issued until the fee is paid.

(Prior code § 3018)

A. An applicant for a driver's permit under this Article shall be issued a driver's permit unless it appears that: he or she:

1. Is a fugitive from justice;

2. Is not a licensed driver under the laws of California;

3. Has stated a material fact in the affidavit which is untrue;

4. Has been convicted of a felony involving conduct substantially related to the qualifications, functions, or duties of cab drivers; of a crime involving moral turpitude reasonably related or connected to the applicant's fitness to drive taxicabs; of pimping or pandering; of use, possessing, selling, or transporting controlled substances; of imparting information for obtaining controlled substances; of driving a vehicle recklessly or while under the influence of alcohol or controlled substances' or of two or more violations of being drunk in public;

5. Has had two or more convictions of misdemeanor hit and run or of speed violations, as set forth in the California Vehicle Code, during any consecutive period not exceeding 12 months;

6. Has had a driver's permit denied or revoked within the preceding 12 months;

7. Has been convicted of violating any provision of this Chapter or any similar ordinance of another public entity;

8. Has not secured employment as a taxicab driver within the City.

(Prior code § 3019)

A temporary driver's permit under this Article may be issued by the Chief of Police to continue for a period not exceeding two weeks, and upon the payment therefor a fee of one dollar. No more than two temporary driver's permits shall be issued to any one person.

(Prior code § 3020)

A. When any driver's permit is granted under this Article, the Chief of Police shall issue to the permittee a certificate which shall bear and set forth the name, address and signature of the permittee, his or her sex, age, weight, height, the color of hair and eyes, the name and address of the permittee's employer and of the owner of the taxicab he or she is driving, the date when issued, whether the permit is temporary only, a photograph of the permittee and the print of his or her right index finger. the driver's certificate shall be carried upon the person of the driver to whom it was issued at all times when such driver is operating or is in control of a taxicab.

B. Any permit so issued shall entitle the driver to work for only the employer(s) named on the permit. a new permit is required for each subsequent employer; provided, however, that no application shall be necessary other than written ratification of change of employment and proof of a negative test within the past 30 days for alcohol and for controlled substances as required by Section 5.36.170(D) of this Chapter.

C. The driver's permit shall become null and void upon the driver's termination of employment. The driver shall notify the Chief of Police of his or her termination of employment with the listed employer and shall return the driver's permit to the Chief of Police within five days after termination of employment.

(Prior code § 3021)

A driver's permit shall expire one year after date of issuance. Any person seeking a renewal of a driver's permit theretofore issued under this Article shall be issued a permit by the Chief of Police upon the payment of the fee required and submittal of the items required by Section 5.36.170, including proof of a negative text, within the past 30 days, for alcohol and for controlled substances. The driver's permit shall be renewed unless any of the grounds for revocation set forth in Section 5.36.240 of the Chapter exists.

(Prior code § 3022)

No driver's permit issued under this Article shall be in any manner assignable or transferable.

(Prior code § 3023)

A. Any driver's permit issued under this Article shall terminate and cease upon the conviction of the driver of any felony or of the violation of either Section 502, 505 or 506 of the Vehicle Code of the State or of any misdemeanor involving moral turpitude, or two or more convictions for being drunk in public.

B. The Chief of Police may revoke or refuse to renew a driver's permit if the driver or applicant has, since the granting of his or her permit:

1. Been convicted of a felony involving conduct substantially related to the qualifications, functions, or duties of cab drivers; of a crime involving moral turpitude reasonably related to the driver's qualifications or fitness to drive taxicabs within the City; of pimping or pandering; of using, possessing, selling or transporting controlled substances; or of imparting information for obtaining controlled substances;

2. Been convicted of driving recklessly or while under the influence of alcohol or controlled substances;

3. Has had his or her state driver's license revoked or suspended;

4. Had two or more convictions of misdemeanor hit and run or speed violations, as set forth in the California Vehicle Code, occurring during any consecutive period not exceeding 12 months;

5. Failed to submit proof of a negative test for controlled substances and alcohol as required in Section 5.36.170(D) of this Chapter;

6. Been convicted of violating any of the provisions of this Chapter.

C. In the event any permit is terminated under this Section, the holder thereof may obtain a new permit only by following the procedure required in the case of an original permit.

(Prior code § 3024)

Any person whose application for a driver's permit or request for its renewal has been denied pursuant to Section 5.36.190 or any driver whose permit has been revoked by the Chief of Police pursuant to Section 5.36.240 may appeal the denial or revocation to the City Council by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code. If, in the opinion of the Council, the denial or revocation is not justified from the evidence submitted to it at such hearing, the permit shall be issued or reinstated. If, upon the hearing, it shall appear that good cause exists for the denial or revocation, the Council shall affirm the action of the Chief of Police and order the denial or revocation of the permit. Pending such hearing, it is unlawful for such applicant or driver to operate or control a taxicab within the City.

(Prior code § 3024.1; Ord. 1673(20) § 17)

Any person whose permit is revoked or its renewal denied based on failure to submit proof of a negative test for controlled substances and alcohol may reapply for a driver's permit after a period of 12 months from the date of the permit denial or revocation. Reapplication shall be accompanied by proof of a negative drug and alcohol test as provided in Section 5.36.170(D) and evidence from a substance abuse professional of the driver's absence of drug dependency.

(Prior code § 3024.2)