Los Gatos Municipal Code Div. 2 Certificate of Public Convenience and Necessity

Footnotes:

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Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

(a) No person shall operate or permit a taxicab that is owned or controlled by such person to be operated as a vehicle for hire upon the streets of the Town without first having obtained a certificate of public convenience and necessity under this division.

(b) The requirement imposed by this section shall not apply to a person so long as the person meets the following requirements:

(i) Holds a current certificate of public convenience and necessity to operate a taxicab business from another city or town in the County of Santa Clara that has been accepted by the Chief of Police as meeting the equivalent reliability standards established by the Chief in writing, and the taxicabs that are actually being operated by the person are within the number of taxicabs specified in that certificate; and

(ii) Has on file with the Chief of Police a current roster of taxicab drivers as specified in that certificate; and

(iii) Complies with the requirements of Sections 28.20.025(d), 28.20.030, 28.20.035, 28.20.040, 28.20.045, 28.20.050, 28.20.055, 28.20.060, and 28.20.070; and

(iv) Holds a current business license from the Town of Los Gatos; and

(v) Files a statement with the Chief of Police verifying their agreement with the terms of this subsection and acknowledging that any taxicab operated by the taxicab operator may be inspected for compliance with Vehicle Code safety equipment requirements at the request of an authorized Town employee at any time.

The Chief of Police may suspend or revoke this exemption upon determination that the person holding the exemption has violated any of the requirements of this subsection. Upon suspending the exemption or prior to revoking the exemption, the Chief of Police will provide a written statement to the person holding the exemption of the reasons for the suspension or proposed revocation. That person may then file a response within ten (10) days with the Chief of Police, and the Chief of Police will then issue a written determination on the suspension or revocation. The determination of the Chief of Police shall be subject to appeal to the Town Council by any interested person within ten (10) days of the date of the Chief's determination. The hearing on the appeal will be conducted in the manner provided for hearings on approval under Section 28.20.175 below.

(Code 1968, § 29-19; Ord. No. 1964, § III, 1-3-94; Ord. No. 2320, § III, 9-7-21)

(a) An application for a certificate of public convenience and necessity under this division, together with a copy thereof, shall be filed with the Chief of Police who shall transmit the original application to the Town Clerk, who shall present the application at the next regular meeting of the Town Council. Such application shall furnish the following information:

(1) The name, residence and business address of the applicant and of all persons to be directly or indirectly interested in the certificate of public convenience and necessity.

(2) Applicant's sworn financial statement.

(3) The experience of the applicant in the transportation of passengers, and whether or not any certificate or other permit or license has been revoked, and if so, the circumstances of such revocation.

(4) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate.

(5) The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals.

(6) The color scheme or insignia to be used to designate the vehicles of the applicant.

(7) Whether the applicant has been convicted of any of the crimes set forth in section 28.20.280.

(8) Such further information as the Chief of Police may require.

(b) At the time application for a certificate of public convenience and necessity is filed under this division, the applicant shall pay to the Tax and License Collector the application fee therefor as set forth by Council resolution.

(Code 1968, § 29-20)

No certificate of public convenience and necessity under this division shall be issued or continued in operation unless the holder thereof has paid an annual license fee as provided in chapter 14 for the right to engage in the taxicab business for each vehicle operated under a certificate of public convenience and necessity.

(Code 1968, § 29-21)

(a) No certificate of public convenience and necessity shall be issued under this division or continued in operation unless there is in full force and effect a motor vehicle liability insurance policy from a responsible and solvent corporation, authorized to issue such policies under the laws of the State insuring the owner and covering such taxicabs, and also unless the owner shall file with the Town Clerk the written certificate of such corporation, all as provided in this section.

(b) Each motor vehicle liability insurance policy required under the provisions of this section, in addition to the provisions required to be therein under the laws of the State, shall provide that such policy covers any taxicabs which may be driven or operated by or for the holder insured under such policy, regardless of whether or not any certificate or permit has been granted to such insured under the provisions of this division; that such policy insures the holder and any other person driving, using or responsible for the use of any taxicab covered by such policy, with the consent, express or implied, of such holder, and also the Town against loss from the liability imposed on any of them by law for injury to or death of any person or damage to property arising from or growing out of the maintenance, operation or ownership of any taxicab covered by the policy to the amount or limit of not less than one million dollars ($1,000,000.00) combined single limit, including bodily injury liability and property damage liability; that such policy is a continuing liability up to the full amount thereof, notwithstanding any recovery thereon; that such policy is primary insurance, with the Town's coverage as excess only; and that such policy, in the event of the death of the holder, inures to and is for the benefit and protection of any person who shall sustain or suffer any damage or injury, or to the heirs or legal representatives of such person, as the case may be, who may be so damaged or injured or suffer death, by reason of the negligent operation of any taxicab covered by the policy during the period covered by the policy and the life of the owner; and any such person, or the heirs or legal representatives of any such person, as the case may be, may in such event sue the insurance carrier; provided, that any such action shall be brought within the period of time that an action on the policy could have been brought against the holder if such person had not died and that no recovery can be had in such action in excess of the limits of the policy and that the payments required to be made in such event shall be made directly to any such person, or the heirs or legal representatives of any such person, as the case may be.

(c) Each certificate required under the provisions of this section shall certify that the issuer thereof has issued a motor vehicle liability insurance policy insuring the holder named in such certificate, and that each of such policies contains each of the provisions required to be therein as provided by this article and that none of such policies can or will be cancelled except upon thirty (30) days prior written notice thereof to the Town Clerk. Each of such certificates shall be conclusive evidence against the issuer thereof that its contents are true and correct. All such certificates shall be subject to the approval of the Town Attorney.

(Code 1968, § 29-22)

Upon the filing of an application under this article, the Town Council shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the general public by publication of a notice of the time and place of such hearing, in a newspaper published in the Town, at least once and at least seven (7) days prior to such hearing. Any interested person may file with the Town Council a memorandum in support of or opposition to the issuance of a certificate.

(Code 1968, § 29-23)

In making the findings of public convenience and necessity under this division, the Town Council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions and the character, experience and responsibility of the applicant for a certificate.

(Code 1968, § 29-24)

If the Town Council finds that further taxicab service in the Town is required by the public convenience and necessity and that the applicant for a certificate under this division is fit, willing and able to perform such public transportation and to conform to the provisions of this article and the rules promulgated by the Town Council, then the Town Council shall issue a certificate of public convenience and necessity, stating, the name and address of the applicant, the number of vehicles authorized under such certificate and the date of issuance; otherwise the application shall be denied.

(Code 1968, § 29-25)

No certificate of public convenience and necessity under this division may be sold, assigned, mortgaged or otherwise transferred.

(Code 1968, § 29-26)

(a) A certificate of public convenience and necessity issued under the provisions of this division may be revoked or suspended by the Town Council if the holder thereof has violated any of the provisions of this article, discontinued operations for more than ninety (90) days without the approval of the Town Council, or violated any provisions of this Code or any other ordinances of the Town or the laws of the United States or the State, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation.

(b) Prior to suspension or revocation, the holder shall be given ten (10) days' notice prior to the hearing of the proposed action to be taken and shall have an opportunity to be heard.

(Code 1968, § 29-27)