Modesto Municipal Code Art. 2 Application to Operate in the City

No person shall engage in the business of operating any taxicab within the City without first having submitted a taxicab operation application, and having received approval to operate a taxicab company by the Public Works Director.

(Ord. 3295-C.S., § 1, and Ord. 3364-C.S., § 5, effective 12-9-04)

All persons applying to the City to operate a taxicab business for one (1) or more taxicabs shall submit a written application to the Public Works Director. Said application shall include the following information:

(a) Name, business, residence and telephone number of all applicant(s) and owner(s) of the business. Also, include any felonies and drug convictions, if any.

(b) The fictitious name, if any, under which said applicant does business and proposes to do business. Said fictitious name shall not duplicate, nor appear to duplicate the name of any other taxicab company doing business in the City. The Public Works Director will be the City approval authority for taxicab company names.

(c) The number of taxicabs the applicant proposes to operate in the City.

(d) The type, age and conditions of each taxicab proposed to be operated by the applicant, stating the make, year of manufacture and passenger carrying capacity.

(e) The make and type of taximeter intended to be installed on each taxicab for which application is made.

(f) A description of the proposed color scheme, and any other distinguishing characteristics of the proposed taxicab design. Color scheme and design shall not duplicate nor appear to duplicate that of any other taxicab company authorized to do business in the City. The Public Works Director will be the City approval authority for all taxicab color schemes.

(g) The experience of the applicant in the taxicab business. A proposed business plan demonstrating the applicant's ability to initiate and stay in business is strongly encouraged.

(h) Proposed efforts to provide services and vehicles to support persons with disabilities. Where possible, taxicab companies are encouraged to provide vehicles that can accommodate "common wheelchairs" as determined by the Americans with Disabilities Act (ADA).

(i) Any other information the applicant believes pertinent to their operation of a taxicab company in the City.

(Ord. 3295-C.S., § 1, and Ord. 3364-C.S., § 5, effective 12-9-04)

(a) Following approval by the Public Works Director, and documentation that the applicant meets all other requirements listed in this chapter, individual vehicle permits shall be issued to operate a taxicab business in the City.

(b) Permit(s) for vehicles not placed into service within one (1) year of the official City notice will be canceled. After cancellation, requests for new or additional permits must complete the application process described in Section 4-6.201.

(Ord. 3295-C.S., § 1, and Ord. 3364-C.S., § 5, effective 12-9-04)

Each taxicab operator to whom individual taxicab permits have been issued shall cause an authenticated copy of the permit to be posted on the dash in a position clearly visible to the passenger in the taxicab, or in some other conspicuous area approved by the Public Works Director.

(Ord. 3295-C.S., § 1, and Ord. 3364-C.S., § 5, effective 12-9-04)

Nothing contained in this article shall be construed to invalidate any previously issued lawful certificate of public convenience and necessity heretofore granted to any person to operate a taxicab company within the City, nor to necessitate any holder of a certificate to make application for additional taxicab permits by reason of the provisions of this article, provided, however, that said permit shall be subject to all provisions of this chapter heretofore or hereafter enacted.

(Ord. 3295-C.S., § 1, effective 5-22-03)

No taxicab permit may be sold, assigned, mortgaged or otherwise transferred without the consent of the Public Works Director. The Public Works Director may grant or deny, or impose such conditions with respect to the transfer of permits as he/she deems to be in the best interest of the public safety and general welfare.

(Ord. 3295-C.S., § 1, and Ord. 3364-C.S., § 5, effective 12-9-04)

Whenever an owner sells or transfers title to a taxicab for which a permit has been granted and purchases another taxicab, the Public Works Director, as a matter of right, upon written request of the applicant, shall issue a new permit for the operation of such replacement taxicab, provided the owner has complied with all provisions of this chapter. No replacement taxicab shall be put into operation before a permit covering its operation has been obtained as required by this chapter.

(Ord. 3295-C.S., § 1, and Ord. 3364-C.S., § 5, effective 12-9-04)

The permit to operate a taxicab company may be revoked by the Public Works Director at any time after proper notice to and opportunity to respond is given to the owner thereof if:

(a) The owner fails to operate the taxicab in accordance with the provisions of this chapter.

(b) The owner attempts to return to business after a cessation of business greater than thirty (30) days without first having obtained permission from the Public Works Director.

(c) The taxicabs are operated at a rate of fare other than that approved by the City Council.

(d) The owner fails to pay any of the fees required to be paid by him/her by the provisions of this chapter or any other chapter in this Code.

(e) The owner attempts to operate taxicabs previously determined to be unsafe.

(Ord. 3295-C.S., § 1, and Ord. 3364-C.S., § 5, effective 12-9-04)

A permit canceled or revoked by the Public Works Director shall forthwith be surrendered, and the operations of any taxicab company covered by such a permit shall immediately cease further operations. Any owner who shall permanently retire any taxicab(s) from service and within ten (10) days thereof not replace said taxicab(s) or make arrangements satisfactory to the Public Works Director for said replacement, shall immediately surrender any permit granted for the operation of such taxicab to the Public Works Director. A taxicab company owner may not secure a new permit for the operation of any taxicab company for which a permit has been canceled, revoked or surrendered without having first made application therefor in a manner provided in this article.

(Ord. 3295-C.S., § 1, and Ord. 3364-C.S., § 5, effective 12-9-04)

Any owner authorized to operate a taxicab company in the City, desiring additional permits shall formally request in writing to and with the approval of the Public Works Director.

(Ord. 3295-C.S., § 1, and Ord. 3364-C.S., § 5, effective 12-9-04)