Long Beach Municipal Code Ch. 5.86 Water Taxis, Charter Boats and Similar Vessels

The words and phrases defined in this Section whenever used in this Chapter shall have the meanings indicated unless the context requires a different meaning:

A. "Charter boat" means any vessel used or offered for use under a contractual arrangement whether written or oral by which one (1) or more persons for cash, credit or any other form of valuable consideration use a vessel belonging to another.

B. "Dock structure" means a landing facility for boats and shall include floats, moorings, slips, wharfs, piers and quays.

C. "Cruise boat" means any vessel regardless of the manner of propulsion used or offered for use for the purpose of carrying passengers on the waterways of the City of Long Beach within a limited designated area or along a designated route.

D. "Gondola" means any lightweight, shallow draft vessel regardless of the manner of propulsion used or offered for use in connection with the business of carrying passengers for hire.

E. "Permittee" means any person to whom a permit is issued pursuant to the provisions of this Chapter.

F. "Person" means and includes any individual, partnership, corporation, organization and association.

G. "Vessel" means and includes boats and ships of all kinds regardless of the manner of propulsion and every structure designed to be, adapted to be, or capable of being navigated or operated on water from place to place for the transportation of merchandise, persons, or for any other purpose for hire, including, without limitation, charter boats, gondolas and water taxis.

H. "Water taxi" means any vessel regardless of the manner of propulsion used or offered for use in connection with the business of providing point-to-point public transportation on water within the limits of the City of Long Beach.

I. "Water areas of the City" means and includes Alamitos Bay (as defined in Section 16.08.020), the Downtown Shoreline Marina (as defined in Section 16.08.090), Marine Stadium East (as defined in Section 16.08.150), Marine Stadium West (as defined in Section 16.08.160), Shoreline Harbor Marina (as defined in Section 16.08.260), the mouth of the Los Angeles River (as defined in Section 16.12.070), the nearshore ocean area (as defined in Section 16.12.080), the protected ocean swimming area (as defined in Section 16.12.100) and all waterways contiguous with any of the above-described areas within the corporate limits of the City of Long Beach, but excluding therefrom the water areas in the harbor district of the City of Long Beach.

(Ord. C-6260 § 1 (part), 1986)

Except as otherwise provided by law or pursuant to a lease, contract or permit heretofore specifically authorized by the City Council, no person shall operate or cause to be operated nor shall any person employ, permit or allow another to operate or cause to be operated for hire by the general public a charter boat, cruise boat, gondola, water taxi or other vessel over any route within the water areas of the City originating from or having a destination at a dock structure located within the water areas of the City without a permit first having been obtained as provided in this Chapter. The permit required by this Section shall be in addition to any other permit, license or certification required by federal, State or local law, rule, regulation or order, including, but not limited to this Code.

(Ord. C-6260 § 1 (part), 1986)

A. Any person desiring a permit to operate a charter boat, cruise boat, gondola, water taxi or other vessel subject to the provisions of this Chapter shall file an application therefor with the City Council. Such application shall be verified by oath of the applicant, if an individual person, or by oath of an officer or partner of the applicant, if applicant is a corporation, partnership, organization or association. The applicant shall set forth the name, age and address of the applicant, if an individual, or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers together with their respective addresses. If applicant is a partnership, organization or association, then the application shall set forth the names of the partners comprising the partnership, association or company, together with their respective ages and addresses. The application shall also state the trade name or style, if any, under which the applicant proposes to operate, full information pertaining to the extent, character and quality of the proposed operations, a full statement of the applicant's assets and liabilities, the manner in which the proposed operations are to be conducted, the type, model, capacity and condition of the vessels proposed to be operated, the location or locations from which applicant proposes to embark and disembark passengers, the location where applicant's vessel or vessels are to be permanently berthed, a copy of the lease or permit evidencing applicant's right to use the location or locations for the purpose of the proposed operations, copies of current valid permits, licenses or certificates issued by other governmental agencies having jurisdiction over the proposed operations, and such other or additional information as the City Council may require.

B. The City Council shall, upon receipt of the application, make full and complete inquiry into the facts set forth therein and shall either grant or deny a permit upon the proposed terms, or upon terms other than those proposed. The permit shall be for a specified number of vessels which may be increased only by action of the City Council, which action may, at the discretion of the City Council, be taken without the necessity of an additional hearing. Such permit may, at the pleasure of the City Council, be for a prescribed period or for an indefinite period; provided that, in either event, the permit shall contain a clause authorizing its revocation or suspension in accordance with the ordinances of the City either in effect at the date of granting the permit or thereafter adopted. When issued, the permit shall constitute evidence of compliance with the terms of this Chapter and shall authorize the permittee to operate the described vessels under the conditions therein specified; subject, however, to the requirements, obligations and limitations imposed by other applicable laws, ordinances, and orders of governmental agencies having jurisdiction and shall become effective only upon procurement of a business license and upon payment of the taxes required by the business licensing provisions of this Code.

(Ord. C-6260 § 1 (part), 1986)

No permit shall be granted under this Chapter, except after a hearing thereon conducted under and in accordance with such rules and regulations as may, from time to time, be prescribed therefor by the City Council, nor until the City Council has determined that the public convenience and necessity require the operation proposed by the applicant for the permit. The City Council, in determining whether or not such facts exist, shall take into consideration the public demand for the service, the adequacy or inadequacy of service upon waterborne traffic within the water areas of the City, the financial responsibility of the applicant, the character of the vessels proposed to be furnished, and any and all other facts which the City Council may deem relevant. Before granting any such permit, the City Council shall require the City Manager to present, either orally or in writing, a report, together with his opinion, as to the existence of public convenience and necessity for the proposed operation. The burden of establishing the existence of public convenience and necessity shall always be borne by the applicant for a permit, and no such permit shall be issued unless there has been an affirmative showing of the existence of such public convenience and necessity by the applicant.

(Ord. C-6260 § 1 (part), 1986)

A. Each permit shall specify the route to be traveled and the hours of operation. No permittee under this Chapter shall operate or permit operation of any vessel in violation of this Chapter or of the provisions of a permit issued pursuant to this Chapter.

(Ord. C-6260 § 1 (part), 1986)

Except for rates and fares allowed by order of the Public Utility Commission, no rates or fares shall be placed in effect, charged, demanded or collected by any person for the transportation of passengers as covered by this Chapter until the City Council, after a hearing upon its own motion, or upon application, or upon complaint, has found and determined the rate to be just, reasonable and nondiscriminatory, nor in any wise in violation of any provision contained in this Chapter or any provision of law, nor until the rate or fare to be placed in effect, charged, demanded or collected has been established and authorized by the City Council. In establishing and authorizing such rates or fares, the City Council shall take into account and give due and reasonable consideration to the cost of all comparable transportation services, including length of haul, any additional transportation service performed or to be performed, or of any accessorial service and the value of the facilities reasonably necessary to perform such transportation service.

Upon the granting of any permit under the provisions of this Chapter, a copy of the permit defining the rates shall be transmitted by the City Council to the City Manager, who shall, thereupon, be charged with the duty of enforcement of the rates and the applicable provisions of this Chapter.

(Ord. C-6260 § 1 (part), 1986)

A. The City Council shall have the power to suspend or revoke any or all of the permits granted under the provisions of this Chapter when it has been determined that any of the provisions of this Chapter have been violated, or that any permittee has failed to comply with the provisions of such permit or the rules and regulations of the City Council pertaining to the operation and to the extent, character and quality of the service. Before revocation of the permit, the holder thereof shall be entitled to a hearing thereon before the City Council and shall be notified thereof.

B. Notice of hearing on the suspension or revocation shall be in writing and shall be served at least ten (10) days prior to the date of the hearing thereon, such service to be upon the permittee, or its manager or agent, and which notice shall state the grounds of complaint against the permittee and shall also state the time when and the place where the hearing will be held. In the event the permittee cannot be found, or service of the notice cannot be made in the manner provided in this Section, then a copy of the notice shall be mailed, postage fully prepaid, addressed to the permittee at its last known address at least ten (10) days prior to the date of the hearing.

(Ord. C-6260 § 1 (part), 1986)

No person granted a permit under this Chapter shall conduct any operation or give any service other than the operations or the services authorized by the permit granted by the City Council in accordance with the provisions of this Chapter.

(Ord. C-6260 § 1 (part), 1986)

Every vessel subject to the provisions of this Chapter at all times shall have displayed thereon in a location or locations and in a manner which has been approved by the City Manager or his designee, the rates to be charged for the authorized service, which rates shall always be visible to all passengers in the vessel.

(Ord. C-6260 § 1 (part), 1986)

The City Council shall have power, upon a hearing upon its own motion, or upon application, or upon complaint, to investigate a single rate or fare, or the entire schedule of fares in effect, charged, demanded or collected for the transportation of passengers covered by this Chapter and to establish a new rate, fare or schedule of fares in lieu thereof. Nothing contained in this Section shall be construed to empower the City Council to establish or authorize any rate or fare or any schedule of fares that will, by means of rebate, discount, allowance, premium or penalty, violate the rates or fares specified in the permit or the provisions contained in this Chapter or any applicable provision of law.

(Ord. C-6260 § 1 (part), 1986)

No permittee, or any agent or employee thereof, shall charge, collect, demand, receive, arrange, solicit or bargain for any amount of compensation other than the rates or fares established and authorized by the City Council.

(Ord. C-6260 § 1 (part), 1986)

Every permittee shall, as a condition precedent to the commencement of operations pursuant to the permit and to the issuance of a business license therefor, obtain insurance as prescribed in the regulations issued by the City Manager pursuant to Section 2.84.040.

(Ord. C-7934 § 14, 2004: Ord. C-6260 § 1 (part), 1986)

A. All vessels subject to the provisions of this Chapter shall, before being placed in service, be in a seaworthy condition, certified by the United States Coast Guard for carrying the number of passengers to be carried on the vessel. Such vessels shall at all times be kept in a clean and sanitary and seaworthy condition and in good state of repair and shall be subject to inspection by the City Council by and through the City Manager or his designee. Any vessel which becomes unsafe or unseaworthy either from the standpoint of its state of repair or its condition of obsolescence shall be retired from service upon order of the City Council, and no vessel which has been so retired shall be again operated in such service except with approval of the City Manager or his designee.

B. In the event the condition of any vessel, in the opinion of the City Manager or his designee, is so unclean, unsightly or unseaworthy as to be undesirable for use by the public, the City Manager or his designee may require the vessel to be immediately withdrawn from service and the vessel shall not be again placed in service until approved by the City Manager or his designee.

(Ord. C-6260 § 1 (part), 1986)