Moreno Valley Municipal Code Ch. 5.03 Taxicabs

Unless the context in which used requires otherwise, the following words and variants thereof, when used with initial capitalization shall have the following meanings:

"Business license officer"

means the director of finance and general services of the city, or the designee of such person.

"City manager"

means the city manager of the city of Moreno Valley or the designee of such person.

"Driver"

means a person who drives or controls the movements of a taxicab.

"License,"

when appropriate to the context, means "Permit."

"Passenger"

means and includes a person riding in a taxicab as distinguished from one operating the same.

"Person"

means and includes a natural person, a partnership, a corporation, or any officer, director or stockholder of a corporation.

"Street"

means and includes any street, alley, avenue, lane, court or public place in the city.

"Taxicab"

means a passenger vehicle designed for carrying not more than eight persons, excluding the driver, and intended to carry passengers for hire within the city. "Taxicab" shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-Party Carriers' Act, Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code. "Taxi-cab" shall not include limousine services regulated by the Public Utility Commission.

"Taxicab business"

means a passenger-for-hire business licensed under this chapter.

"Taximeter"

means a mechanical or electronic device by which the charge for hire of a taxicab is automatically calculated, either for distance traveled or for waiting time, or both, and upon which such charge is plainly registered by means of figures indicating dollars and cents.

(Ord. 355 § 2.2, 1992)

The provisions of this chapter apply to all persons and businesses described herein whether established before or after the effective date of this chapter. All taxicab operations presently existing in the city shall comply with the provisions hereof within 30 days after the effective date of the ordinance first enacting this chapter.

(Ord. 355 § 2.2, 1992)

A. No taxicab business shall be operated in the city without first obtaining a taxicab business permit from the city for the operation of such a business in accordance with this chapter.

B. No taxicab shall be operated within the city without first obtaining a taxicab permit from the city.

C. No driver shall operate a taxicab within the city without first obtaining a driver's permit from the city.

(Ord. 355 § 2.2, 1992)

A. Permit Applications—Fee. A taxicab business permit application shall be filed with the business license officer, shall be verified under penalty of perjury, and shall be accompanied by the fee therefor as established by resolution of the city council. The fee shall not be refundable. It shall contain or be accompanied by the information and documentation specified in this section.

B. Application Requirements. Applications for permits to commence, manage, engage in, maintain, conduct or carry on the a taxicab business shall be filed with the business license officer on a form approved by the finance director. Such application shall demonstrate that the applicant possesses a business license pursuant to Chapter 5.02 of this code. In addition, such application shall provide the following information:

1. Name and Description. Name and description of applicant.

2. Address. Permanent home address and full business address of applicant if an individual; of each partner if a partnership; and of each shareholder and officer if a corporation.

3. Garage Location. The place where the vehicles proposed to be used as taxicabs in the business are to be regularly garaged when not in use.

4. Fingerprints and Photographs. Applicant shall be fingerprinted and photographed by the Moreno Valley police department upon referral of the city business license officer, and a record check made. The cost of the foregoing shall be established by resolution of the city council and be borne by the applicant. The photographs taken by the police department will be used throughout the permit process, whenever photographs are required to be made part of the record.

5. Criminal Record. A statement as to whether or not the applicant, or any officer or partner of the applicant has been convicted of any crime within the immediately preceding ten years, and the nature of each such offense and the punishment or penalty assessed, therefor.

6. Financial Data.

a. A statement of net worth of the applicant as of a date not more than 60 days before application prepared by a certified public accountant; and

b. A statement as to whether there are any outstanding judgments against the applicant or any officer or partner of the applicant and, if so, the nature of the acts or transactions giving rise to each such judgment, the court in which it was rendered, the amount of each judgment which remains to be satisfied, and the date on which such judgment was rendered; and

c. A statement of any bankruptcies, either personal or business, of the applicant or of any officer or partner of the applicant, including the number, court and date of discharge from bankruptcy.

7. Previous Experience Data. A statement or summary of the experience of the applicant, both within the city and elsewhere, in the operation of taxicabs, vehicles for hire or other common carriers for the transportation of passengers.

8. Vehicle Data. The number of vehicles to be operated or controlled by the applicant in the conduct of the taxicab business, and the make, body style, year, vehicle identification number, state license plate number, name of legal and registered owner, and the passenger capacity of each such vehicle.

9. Vehicle Description. A description of the proposed color scheme, insignia, tradestyle and each other distinctive characteristic or design to be used to identify such vehicles.

10. Previous Licensing. A statement of whether or not the applicant has ever had any permit or franchise for a taxicab or taxicab business issued to him that has been suspended or revoked, and, if so, the circumstances of each such suspension or revocation, whether in the city or elsewhere.

11. Insurance. A certification or policy of insurance in the manner and form required by Section 5.03.110 of this chapter.

12. Proof of Vehicle Compliance Inspection. Upon request of the business license officer, a statement that each vehicle to be used in the taxicab business has been inspected and found to be in acceptable condition for safe operation of the vehicle as a taxicab.

13. Ownership. A statement listing the names and addresses of both the registered and legal owner of each vehicle to be used in the taxicab business.

14. Corporation Data. If the applicant is a corporation, a copy of the current Articles of Incorporation, certified as to being true and correct by the California Secretary of State, within 60 days prior to the date of application, the most current corporate bylaws and any applications, permits or notifications for the issuance of shares filed with or issued by the commissioner of corporations.

15. Business Office and Telephone Maintenance. A statement that the applicant will maintain at the principal place of business located in the city of Moreno Valley, and in operating order at all times, at least one telephone line for every six taxicabs for which a permit is to be granted. At all times there will be an operator in charge of the telephone or telephones to dispatch taxicabs in response to requests therefor. However, the business license officer may temporarily permit the applicant to have a principal place of business located outside of the city if he or she finds that the strict application of this section will threaten the public health, safety and welfare.

16. Taximeter Data. A statement of the make and type of taximeter intended to be installed on each taxicab for which such application is made.

17. Schedule of Rates. A schedule of proposed rates.

18. Number of Taxicabs.

a. An agreement that, in the event the application is granted, the applicant will keep in operation at all times at least four licensed taxicabs. Failure to keep four taxicabs in operation at all times shall be cause for revocation of the permit. Notwithstanding the provisions of Section B of this subsection, the business license officer may permit the applicant to keep less than four taxicabs in operation at all times if he or she finds that the strict application of this section will threaten the public health, safety and welfare.

b. If, at any time after a permit is granted to an owner of a taxicab business, the business has less than four taxicabs licensed and operating in the city, the permittee shall have 30 days after written notice provided by the business license officer in which to bring the number of taxicabs licensed for operation within the city up to at least four. If, after the 30 day period, the permittee does not have the required number of taxicabs in operation, the permit shall automatically be suspended.

C. Issuance. Within 60 days after receipt of the application for a permit for the operation of a taxicab business, the business license officer shall investigate the application and background of the applicant or cause the same to be investigated, and shall either grant or deny the permit. The business license officer shall grant the permit if he or she finds that:

1. The application conforms in all respects to the provisions of this chapter;

2. The applicant is financially responsible and otherwise able to provide the service. The term "financially responsible" means that the applicant demonstrates a net worth, in accordance with generally accepted accounting principals, of $2,000 per taxicab;

3. The applicant, and all officers or partners of the applicant are of good moral character and are likely to provide taxicab services in a responsible and satisfactory manner. In making such determination, the business license officer shall consider whether the applicant or any officer or partner of the applicant:

a. Has previously provided responsible and satisfactory taxicab services,

b. Has previously violated the terms of this chapter or of any similar enactment of the city or of any other jurisdiction,

c. Has been convicted of a felony or of a crime involving moral turpitude,

d. Has committed any act which, if committed by a permittee under this chapter, would be grounds for the revocation of such permit,

e. Has committed any act involving dishonesty, fraud or deceit with the intent to injure another or benefit himself or another;

f. Whether any of the conduct or acts described in subdivision (3)(b), (c), (d) or (e) of this section, if committed by the applicant or an officer or partner of the applicant, are or reasonably may be related to the activities of a taxicab service, and shall further evaluate the rehabilitation of such person,

g. If found to have committed an act or engaged in conduct described in subdivision (3)(b), (c), (d) or (e) of this subsection, has established or failed to establish that such person has been rehabilitated in respect to such act or conduct.

D. License—Fee to be Paid. It is unlawful for any taxicab business owner to drive or operate, or cause or permit to be driven or operated, any taxicab on any street of the city until the owner has complied with all provisions set forth in this chapter and has paid the current business license fee required by Chapter 5.02 of this code.

(Ord. 355 § 2.2, 1992; Ord. 367 §§ 1.1, 1.2, 1992)

A. Driver's Permit Required. No driver, owner, or operator of a taxicab shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated any taxicab over any street of the city for the purpose of transporting passengers, regardless of whether such operation extends beyond the boundary limits of the city, nor shall any person solicit, induce, persuade, invite or procure such transportation of passengers or accept compensation therefor, unless the driver of the vehicle shall have first obtained and shall have then in force a temporary or permanent taxicab driver's permit issued under the provisions of this chapter.

B. The prohibitions set forth in subsection A of this section shall not apply to:

1. Vehicles which are lawfully transporting a passenger or passengers, from a point outside the city to a destination within the city or to another destination outside the city; provided, that no such driver shall, without such permit, solicit or accept a passenger or passengers from within the city for transportation to any designation whatsoever;

2. Vehicles operated by any public agency;

3. Vehicles owned, operated or under contract to a public or private school for the purpose of transporting students to or from an institution of learning;

4. Vehicles which are used for nonprofit carpools;

5. Vehicles which are otherwise exempted by law from regulation by the city.

C. Application and Fee. Prior to operating a taxicab for the purpose of transporting passengers, each person intending to do so shall obtain a taxicab driver's permit. Application for such a permit shall be filed with the business license officer. Prior to the first of each year, an application for, or renewal of, a taxicab driver's permit shall be filed with the business license officer. Each application for a new permit shall be accompanied by the fee therefor as established by resolution of the city council. The fee shall not be refundable. Application for a renewal, replacement or duplicate driver's permit shall be accompanied by such fee as is established by resolution of the city council. A driver's permit issued upon approval of new applications shall remain in force from the date of issue and expire on December 31st of the same year. Each driver's permit issued upon approval of a renewal application shall remain in force for the calendar year for which renewal has been approved. Each driver's permit application, including renewal, replacement and duplicate applications, shall include the following information:

1. The name of the applicant, including all other names if any, by which the applicant has been known;

2. The appellant's complexion, color of eyes and hair;

3. Whether the applicant has been convicted or pled guilty or nolo contendere to any felony or misdemeanor within the prior ten years, and if so, the date, nature of the offense, the punishment or penalty assessed therefor, and the court in which such conviction was obtained or plea of guilty or nolo contendere was entered;

4. The class and number of the applicant's California driver's or chauffeur's license and restrictions thereon, if any, and whether any license of applicant to drive has ever been suspended or refused or revoked, and if so, details of the reasons therefor and the disposition of the matter, including the dates of any such suspension or revocation;

5. A statement showing each address at which the applicant has resided during the preceding year;

6. A statement of the applicant's physical condition, including a statement of whether the applicant has ever had epilepsy, blackout periods, fainting spells or been addicted to the use of alcohol, narcotics, or other dangerous drugs;

7. A current California Driver's License record listing driving violations, if any, issued by the California Department of Motor Vehicles within 30 days prior to the date of application.

D. Record Check. Applicant shall be fingerprinted and photographed by the Moreno Valley police department upon referral of the city business license officer, and a record check made. The fee for the foregoing shall be as set by resolution of the city council and the fee shall be paid by the applicant at the time the application is submitted. The photographs taken by the police department will be used in all cases where photographs are required for implementation of this chapter.

E. Employment of Qualified Drivers. Every holder of a taxicab business permit shall employ as taxicab drivers only persons who are physically, mentally and emotionally fit and able to perform such duties. It shall be the responsibility of the permit holder to select and employ drivers who are familiar with the streets and addresses in the city. No taxicab business permit holder shall employ or retain in employment any person as a driver who violates laws governing morals, motor vehicle operations, or a provision of this chapter.

F. Nontransferable. Driver's permits are not transferable, except that the holder of such driver's permit may use the same permit if he or she changed employment from one taxicab business to another.

(Ord. 355 § 2.2, 1992)

A. Vehicle Sticker. Every taxicab shall have a sticker affixed thereto, indicating that the vehicle permit application therefor has been approved by the city and all fees required by resolution of the city council in relation thereto have been paid in full.

B. Registration of Vehicles. Each taxicab shall have a valid and current registration issued by the Department of Motor Vehicles of the state of California. A copy of such registration shall be kept in each taxicab. The holder of the taxicab business permit shall be the registered owner of all such vehicles.

C. Identification—Color Scheme. Each licensed taxicab shall be uniformly painted in accordance with a color scheme approved by the business license officer, which approval may not be withheld except for consideration of safety or duplication of another licenses' color scheme. On each taxicab there may be painted a monogram or insignia for identification purposes that has also been approved in writing by the business license officer. The taxicab business permit holder shall furnish to the business license officer a good quality four-by-six inch color photograph of a completely equipped vehicle for each approved color scheme, monogram and insignia. The color scheme adopted shall not be one which is already used by or which has been trademarked by any other taxicab business permit holder. No material change in the color scheme or distinguishing characteristics of any taxicab shall be made without prior written permission from the business license officer. Such permission shall not be unreasonably withheld.

D. Name, Lettering and Designs. The name or fictitious business name of the holder of the taxicab business permit shall be printed on the outside of each front or rear side door of every taxicab operated in the city. The number of each taxicab, as designated by the taxicab business shall be painted on each side and on the rear of such vehicle in conspicuous locations approved by the business license officer. A separate number shall be used for each vehicle. All required numbering and lettering shall be not less than three and one-half inches in height and not less than one-half inch in width. All lettering and designs on each taxicab shall be clean and legible and shall be of a substance that will weather the elements. The lettering and identifying design on all vehicles operating within the city and owned by a subsidiary or operating unit of a taxicab business shall be of the same wording, color scheme, size and be located at the same places on each vehicle, as has been approved by the business license officer for the parent business. Taxicabs shall not be utilized for advertising purposes. As of July 1, 1992, no advertising device, such as a display sign, shall be placed on or in a taxicab operated pursuant to this chapter. Advertising, for the taxicab business only, may be painted on the taxicab itself provided that the identifying numbers and designs required by this chapter shall not be obscured thereby.

E. Taxicab Signs.

1. Every taxicab shall have an internal sign of heavy material, not smaller than six inches by four inches, securely attached and clearly displayed in view of the passenger at all times, and containing the following information:

a. The title, address and telephone number of the business license officer or other city officers;

b. The name, address and telephone number of the holder of the permit for the taxicab business which operates the taxicab.

2. In the event more than one local regulatory agency has jurisdiction over the operation of the taxicab, the required notice shall provide the name, address and telephone number of the agency having jurisdiction in the area where the taxicab operator conducts its greatest volume of business; or, if this cannot readily be ascertained, the name, address and telephone number of the agency having jurisdiction in the area where the taxicab operator maintains its offices or primary place of business, provided that the operator conducts a substantial volume of business in such area; or, if neither of the foregoing provisions apply, any agency having jurisdiction of an area where the taxi-cab operator conducts a substantial volume of business.

3. All names, trademarks and other identifying marks and designs for companies no longer in business, no longer operating with the same name, or no longer operating under the same operating authority, shall be removed from all affected taxicabs or covered over within 60 days from the change of company ownership or operation.

F. Fasten Seatbelt Sign. In every taxicab, there shall be a sign no smaller than five inches by seven inches, stating that all occupants of the taxicab, including the driver, must wear his or her seatbelt at all times while the vehicle is in motion.

G. Vehicle Requirements.

1. Following the issuance of a taxicab permit, the holder thereof shall cause each vehicle to which the permit applies to be inspected pursuant to this chapter as often as necessary, but in no case less than once annually. Each taxicab vehicle must comply, at all times, with the California Vehicle Code.

2. All licensed taxicabs shall at all times be maintained by the taxicab business, in an acceptable appearance and state of repair, in clean and sanitary condition, and in safe operating condition.

3. The taxicab business must keep and maintain a maintenance log on every taxicab. The maintenance log must include the following information: (i) a record of brake inspection, the name and address of the garage that performed the inspection, the date of the inspection; and (ii) any other inspection or maintenance performed on the taxicab vehicle. The garage mechanic must sign and date the maintenance log after each appointment. The maintenance log must be kept at the taxicab business principal office and be available for review by the business license officer for at least three years after the date of the last entry in the log book or other form of log.

A taxicab permit may be revoked or suspended if the holder fails to comply with the provisions of this section after being given ten days written notice to so comply.

H. Necessary Equipment. Taxicabs shall have the following equipment in addition to such equipment as may be required by the California Vehicle Code or by reasonable safety considerations:

1. A properly inflated spare tire;

2. A set of tools for changing tires;

3. Three operable safety flares;

4. A fully operable fire extinguisher.

I. Whenever a vehicle licensed as a taxicab pursuant to the provisions of this chapter is replaced by another taxicab, a transfer fee as established by city council resolution shall be paid by the owner of the vehicle. The previously issued vehicle permit or device shall be surrendered at the time the transfer is made.

(Ord. 355 § 2.2, 1992)

An application for transfer of a permit shall be filed on a form approved by the finance director in the same manner as the application for the permit. A transfer shall require approval of the business license officer, upon recommendation of the business license officer, as well as other required approvals, as if it were a new application. No permit may be sold, assigned, mortgaged, leased or otherwise transferred, nor shall the majority of any shares of any stock in any corporation holding any permit be sold, assigned, transferred or hypothecated without obtaining the prior written approval of the business license officer.

(Ord. 355 § 2.2, 1992)

A. Testing and Sealing of Taximeter. It shall be the duty of every taxicab business permit holder to present its licensed taxicabs at a designated reasonable place and at such reasonable time as may be specified by weights and measures division of the county of Riverside or by other appropriate regulatory authority for the purpose of testing, checking and sealing taximeters. Failure to produce a taxicab for such purpose will be sufficient grounds for the city to require that the vehicle be taken out of service until the taximeter has been checked, tested and sealed by such regulatory authority in accordance with the provisions of law. The cost of all such tests, checks and seals shall be borne by the holder of the permit.

B. Rates—To be Filed. Every holder of a taxicab business permit shall file or cause to be filed with the business license officer a true and correct statement of the rates proposed to be charged for the transportation of passengers in any and all taxicabs operated by the holder pursuant to this chapter. The company shall submit, not less than 60 days in advance of raising rates, a formal request to the city council for approval of the proposed rates. At the discretion of the city council, a public hearing may be set to consider approval of the proposed rates. The city council may require justification for the proposed rates. If the council does not hold a public hearing within 50 days after the submittal, the proposed rates will be deemed to have been approved.

C. Taximeter—Operation.

1. No holder of a taxicab business permit shall operate, drive, cause or permit to be driven or operated, any taxicab in the city unless and until the taximeter for such taxicab shall have been approved by the appropriate regulatory authority, and it shall be the duty of such permit holder, and also the driver of the vehicle to keep the taximeter operating at all times within such standards of accuracy as may be prescribed from time to time by the appropriate regulatory authority.

2. No passenger shall be carried in any taxicab unless the taximeter shall be in operation. This provision shall apply regardless of whether a taxicab is engaged for a trip entirely within the boundaries of the city or partially outside thereof, and the taximeter shall be kept operating continuously during the entire time that it is engaged in the transportation of passengers, regardless of the point of destination.

3. Within one month prior to submitting an application for issuance or renewal of a taxicab permit, the taximeter of such taxicab must be tested and sealed by the appropriate regulatory authority.

4. A taximeter shall be placed in each taxicab so that the reading dial showing the amount to be charged will be well lighted and readily discernible to a passenger riding in the taxicab.

5. Every taximeter used in the operation of taxicabs shall be subject to inspection at any time by a duly authorized representative of the city, or by other appropriate authority, including a police officer. Upon the discovery of any material inaccuracy of a taximeter, the operator thereof shall remove, or cause to be removed, from service, the vehicle equipped with the inaccurate taximeter until such taximeter shall have been replaced or repaired, and tested and re-sealed.

D. Flag Operation. No driver of any taxicab, while carrying passengers, shall display the flag attached to the taximeter in such position as to denote that such vehicle is not employed, or fail to throw the flag of the taximeter to a position indicating said vehicle is unemployed at the termination of each and every service.

E. Charge to be Registered. All charges for taxicab service shall be calculated and indicated by taximeter, and at all times while the taxicab is engaged, the flag of the taximeter shall be thrown into a position to register the charges. No taximeter shall be so operated as to cause any charge to be registered thereon except during the time when the taxicab is engaged by a passenger or passengers.

F. Receipt for Charges. No driver of any taxicab, upon receiving full payment for a fare as indicated by the taximeter, shall refuse to give a receipt when requested. When the taximeter is of the so-called "receipt type," a receipt shall always be offered the passenger upon payment. The receipt shall show the name of the taxi company, name of the driver, date of service, and taxicab number, total amount of fare, origin of fare and destination.

G. Charges Must be Indicated. Charges for transportation of passengers in a taxicab operated in the city shall not exceed the amount shown on the taximeters installed in the taxicab. It is unlawful for any owner or driver of any taxicab to charge any passenger or passengers any sum in excess of the sum indicated on the taximeter.

(Ord. 355 § 2.2, 1992)

A. Rates to be Displayed in Vehicle. Every taxicab shall have conspicuously displayed in full view for the passenger or passengers a card not less than two by four inches in size, which shall have printed thereon the following information:

1. Name of the owner, or the fictitious business name under which the owner operates;

2. The business address and telephone number of the business;

3. The owner's identifying number of such vehicle;

4. The rates of fare to be charged for the hire of such vehicle;

5. At the request of any person, the driver of a taxicab shall give the number of his or her vehicle as assigned by the taxicab business.

B. Deduction For Time While Disabled. In the event any taxicab shall, while under hire, become disabled or breakdown without fault of the passenger, the time stopped for such cause shall be deducted from the charge made.

(Ord. 355 § 2.2, 1992)

The person, or the employer of the person responsible for any charge other than that authorized by this chapter, shall make restitution to an overcharged patron for the amount of the overcharge. This obligation is joint and several.

(Ord. 355 § 2.2, 1992)

A. Insurance—Motor Vehicle Liability Policy Required. Before any permit may be issued for a taxicab, the owner or operator shall file with the business license officer a motor vehicle liability insurance policy, or a certification of the coverage required by this section, covering each taxicab used in the taxicab business and issued by a corporation authorized to issue liability insurance in the state of California, which policy shall conform in all respects to the requirements of this chapter.

B. Liability Amounts. The required motor vehicle liability policy shall insure the owner, the city and its officers, agents and employees as additional insured, and any other person using or responsible for the use of any such vehicle with the consent, expressed or implied of such owner, against loss from the liability imposed upon such owner or person by law for injury to, or death of any person, or damage to property growing out of the maintenance, operation or ownership of any taxicab, in the minimum amount of $500,000 for public liability and $100,000 for property damage, or a single combined limit of $500,000.

C. Compliance. All motor vehicle liability policies shall be subject to the approval of the city attorney. At any time a motor vehicle liability policy is found to be insufficient for any cause, the city manager may require the owner of the affected taxicab business to immediately cease all operations of business which are or have become inadequately insured because of the insufficiency of existing insurance policy. If the owner fails to replace the motor vehicle policy or policies within ten days after the city manager gives notice of such insufficiency with good and sufficient policies approved by the city attorney, then at the termination of said period the owner's taxicab business permit issued hereunder shall be automatically suspended until such time as a sufficient policy has been furnished. Upon direction of the city manager, the chief of police shall enforce such suspension.

D. Policy Endorsement. Every policy and every certificate of motor vehicle liability insurance coverage filed pursuant to the provisions of this chapter shall contain the following endorsements:

1. It is understood and agreed that, notwithstanding expressions or provisions consistent with or contrary thereto in this policy contained, the policy is expressly issued to cover a motor vehicle regulated by the provisions of this chapter. This policy shall inure to, and be for the benefit and protection of, each person who shall sustain any damages or injury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or suffer death by reason of the operation of a motor vehicle covered by this policy or from the defective condition thereof. Liability under this policy shall be in no manner abrogated or abated by the death of the tort-feasor or the insured.

2. This is a continuing liability for claims incurred up to the full amount hereof, notwithstanding any action or recovery thereon.

3. No cancellation or reduction in coverage of this policy for any reason whatsoever shall become effective until the expiration of 30 days after written notice of such cancellation or reduction in coverage shall have been given in writing to the business license officer of the city. The 30 day period shall commence upon the date the notice is actually received in the office of the business license officer if personally delivered, or, if given by registered United States mail with return receipt requested, on the second business day after the notice is deposited in the United States Mail, postage prepaid or on the date of receipt shown on the return receipt, whichever is later.

(Ord. 355 § 2.2, 1992)

A. Grounds For Denial of Taxicab Business Permit. Within 60 days from the date of application for a taxicab business permit, the business license officer shall cause an investigation to be made of the applicant for noncompliance with the provisions of this chapter. The application for a new taxicab business permit, or a renewal of such a permit, may be denied on any one or combination of the following grounds:

1. The applicant, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager in a vehicle-for-hire business, has committed or aided or abetted in any act or omission which, if committed or omitted by a permittee under this chapter, would be grounds for suspension or revocation of such permit; or

2. The applicant, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager in a vehicle-for-hire business, or in a proposed such business, has been refused a permit or has had a permit for such a business revoked; or has been an officer, director, member, partner or manager of any person who has had such a permit revoked or denied; or

3. The applicant has furnished false information on an application under this chapter or omitted to furnish all information requested on said application; or

4. The applicant has been convicted of driving while under the influence of an intoxicant, a hallucinogen a narcotic, or other dangerous drug, or of any combination thereof, within three years prior to the date of application; or

5. The applicant has been convicted of a felony or of any crime involving moral turpitude within the five years prior to the date of application.

B. Grounds For Denial of Taxicab Driver's Permit. The application for a taxicab driver's permit may be denied for noncompliance with any of the provisions of this chapter or on any one or combination of the following grounds:

1. The applicant is under the age of 18 years; or

2. The applicant is subject to epilepsy, fainting or loss of consciousness by reason of chronic medical or physiologic condition; or

3. The applicant is addicted to the use of narcotics; or

4. The applicant is a user of dangerous drugs or alcohol to an excessive degree; or

5. The driving record of the applicant shows five or more moving violations of traffic laws within three years preceding the date of application; or

6. The applicant furnished false information on an application under this chapter or has omitted to furnish all information requested on said application; or

7. The applicant has been convicted of driving while under the influence of an intoxicant, a hallucinogen, a narcotic, or any dangerous drug, or of any combination thereof, within three years prior to the date of application; or

8. The applicant has been convicted of a felony or any crime involving moral turpitude within the five years prior to the date of application.

C. Notice of Denial of Permit. The business license officer shall notify the applicant of his or her intent to deny an application for a permit. Service of such notice shall be made on the applicant personally or by United States mail at the applicant's address as shown on the application. The notice shall include the reasons for denial and be accompanied by a statement that the applicant may appeal such denial in accordance with the provisions of this chapter.

D. False Statements. Any material misrepresentation made by an applicant for the purpose for securing a permit required or authorized by this chapter, or for renewal thereof, whether made by false statement or by failure to provide requested information, shall be deemed good and sufficient cause for refusal to grant, or if granted, for revocation of such permit.

E. Fraudulent Documents. For any person to knowingly provide or fraudulently make, forge, alter or counterfeit any taxicab driver's permit or taxicab permit, or to knowingly have in his or her possession, or to pass or use, or tender any such document to any other person, constitutes a violation of this chapter.

F. Disqualification. In the event any taxicab is, for any reason, disqualified under the terms and provisions of this chapter or of other applicable law from operating as such, all signs or equipment required or authorized by this chapter, and any other device or insignia indicating that such vehicle is qualified for operation as a taxicab within the city, including but not limited to, cruising lights, shall be immediately thereafter removed or caused to be removed from such vehicle by the holder of the taxicab business permit.

(Ord. 355 § 2.2, 1992)

Permits issued pursuant to this chapter which have been suspended or revoked must be surrendered to the business license officer within ten days of the giving of notice to the holder that the permit has been suspended or revoked. The operation of any business or taxicab authorized by any such permit shall cease upon receipt by the holder of the notice of suspension or revocation. Such notice shall be deemed to have been received by the holder of the permit when personally delivered to such person or, if given by registered United States mail with return receipt requested, on the second city business day after the notice has been deposited in the United States mail.

(Ord. 355 § 2.2, 1992)

A. Whenever it appears to the business license officer that the holder of the permit:

1. Has violated any of the provisions of this chapter, or any rules or regulations adopted pursuant hereto; or

2. Has discontinued operations under the permit for more than 30 continuous days; or

3. Has violated any ordinance of the city or statute of the state of California or the United States, which violation indicates the unfitness or indifference of the holder to offer safe and adequate public transportation; or

4. has committed any act which would have been grounds for denial of such a permit; and

5. The circumstances presented thereby present a clear and present danger to the public health or safety.

B. The business license officer may summarily suspend the permit and order the holder to cease and desist operating or acting thereunder immediately.

C. Any police officer duly acting as such within the city has the authority to temporarily suspend a taxicab permit immediately if the driver thereof is arrested for conduct which jeopardizes public health or safety.

D. It shall be a violation of this chapter to engage in any activity licensed under this chapter after the permit therefor has been suspended pursuant to this section.

(Ord. 355 § 2.2, 1992)

No suspension shall be for a period of more than 30 days. No summary or temporary suspension shall be for a period of more than ten days. Notice of suspension or revocation shall be given by either personal service on the permittee or by registered mail, return receipt requested and addressed to the address of record on his or her application and, where appropriate, to the address of his or her employer, and shall be deemed served as provided in Section 5.03.100 of this chapter. Upon notice of such revocation or suspension of a permit, the permit shall forthwith be surrendered to the business license officer by the holder thereof.

(Ord. 355 § 2.2, 1992)

A. Taxicab business permits, driver permits and taxicab permits may be suspended or revoked by the business license officer upon notice and hearing with respect thereto, on the following grounds:

1. That the business license permittee or driver has failed to operate in accordance with the provisions of this chapter;

2. That the permittee has failed to maintain or secure insurance on any taxicab;

3. That the permittee has failed to provide reasonable services to the residents of the city as evidenced by complaints of refusal of service, or substantial deficiencies in the provision thereof, including but not limited to a refusal of the permittee or driver to take "short haul" customers, or evidence that the permittee has not substantially operated within the city;

4. That the public safety or convenience and necessity would be best served by such revocation or suspension of the permit for any taxicab;

5. That the permittee used the permit issued by the city to conduct unlawful taxicab operations in another jurisdiction. A conviction in or the administrative finding of another jurisdiction that the permittee has unlawfully operated a taxi business without a permit required by the jurisdiction shall constitute prima facie evidence of improper or unlawful use of the permit issued by the city;

6. That the permit in question was obtained on the basis of misrepresentation made or induced by or on behalf of the holder of the permit;

7. That the permittee has engaged in conduct which would have constituted grounds for denial of an application for such a permit.

B. A second suspension of a permit for the same reason, or a third suspension of a permit for any reason, within six months shall operate as an automatic revocation of such permit. No permittee whose permit has been revoked shall, for one year thereafter, be granted a permit to operate any taxicab business or taxicab in the city, except on the presentation of satisfactory evidence to the business license officer that such permittee has substantially mitigated the offense or condition which gave rise to the revocation.

(Ord. 355 § 2.2, 1992)

A. Any holder of a permit issued under this chapter who is aggrieved by a decision to revoke or to suspend the permit may appeal such decision.

B. Any applicant who is denied a permit may appeal such denial.

C. Appeals shall be taken as follows:

1. Any taxicab business permit applicant who is denied a permit, or if a holder's taxicab business permit is revoked, may appeal such action pursuant to the hearing and appeal procedure set forth in Sections 2.04.100 through 2.04.130 of this code.

2. Any taxicab driver or taxicab vehicle permit applicant whose permit is revoked or suspended, and any person whose application for a taxicab driver's permit or taxicab vehicle permit is denied, may appeal such action to the city manager by a written request for hearing thereon. The request shall state the action appealed from, the grounds for appeal, the remedy sought, and such other information as the appellant wishes to have considered. Such request must be delivered to the city manager within five days after notice of such refusal, revocation or suspension has been served upon him or her. The city manager shall hold a hearing within 30 days after receipt of the request and shall determine whether the action taken was proper under this chapter. The decision of the city manager shall be final.

(Ord. 355 § 2.2, 1992)

A. Rules and Regulations. The city council may adopt by ordinance from time to time as deemed necessary, rules and regulations to implement this chapter. Such rules and regulations shall have the force of law, and the failure to obey the same shall be considered a violation of the provisions of this chapter.

B. Forms. The finance director shall prepare and make available such application, permit and other forms as deemed necessary or convenient to implement this chapter.

C. Solicitation of Fares. No person shall solicit passengers for a taxicab except when seated in the driver's compartment of such taxicab, or while standing immediately adjacent to the curbside thereof. No taxicab driver shall solicit, or pick up, additional passengers once an initial fare has been picked up. No taxicab driver, or other person, shall solicit taxicab patronage in the terminal of any common carrier, or in the street within one hundred feet of such terminal, or at any regular pickup point of any other common carrier without written permission from the person operating such terminal or from such common carrier. No fixed taxicab stands shall be allowed upon the streets of the city.

D. Display of Driver's Permit. No driver, owner or operator of a taxicab shall drive or operate or cause or permit to be driven or operated, any taxicab which does not have the driver's permit of its driver or a clear copy thereof posted in a place which may be conveniently inspected from the passenger's compartment of the taxicab which the driver is then operating. The permittee shall present his or her permit for examination upon demand therefor by any duly authorized representative of the city.

E. Transporting Person for Purpose of any Illegal Activity. It is unlawful for any driver of a taxicab to knowingly transport any passenger engaged in the commission of a crime or fleeing from the scene of a crime.

F. Possession of Weapons. No owner, taxicab driver or passenger shall be permitted to carry, store or possess any type of dangerous weapon in a taxicab, unless specifically permitted to do so pursuant to applicable law.

G. Refusal of Service. No owner or driver of any taxicab licensed under this chapter shall fail or refuse, when in service and not engaged for hire, to transport to an announced destination within the service area of the business which operates the taxicab, and at rates authorized in this chapter, any person who presents himself for passage in an orderly manner and for a lawful purpose. Not-withstanding the foregoing, a dispatcher or a driver of a taxicab shall have the right to refuse service to any person who refuses to provide call-back information regarding any fare.

H. Limitation on Driving Hours. No person shall drive a taxicab for compensation for more than 12 consecutive hours. Regardless of aggregate driving time, no driver shall drive a taxicab for more than twelve hours in any 24 hour period unless eight consecutive hours off duty have elapsed after the accrual of 12 hours of driving time.

I. Records and Reports—Required of Holders. Every holder of a taxicab business permit issued under the provision of this chapter shall establish, keep and maintain a system of records of such business and its operations. Taxicab business permit holders shall maintain a log of complaints against such holder and shall enter the name, address and telephone number of the complainants and of the substance of every complaint received by such permit holder.

J. Periodic Examinations. Accurate records of receipts from operations, operating and other expenses, capital expenditures, and such other operational information as may be reasonably required by the business license officer, shall be kept and maintained. Every holder of a permit issued pursuant to this chapter shall maintain the records containing such information and other data required by this chapter at a place readily accessible for examination at all reasonable times by the business license officer or other authorized representatives of the city. All such records shall be kept confidential by the city unless otherwise required by applicable law, by court order, by subpoena, or where necessary in an administrative or judicial proceeding to establish a violation of any provision of this code.

K. Equipment, Employees and Insurance Policies. Every holder of a permit shall keep complete records of all automotive and other equipment, employees, including drivers, and records of insurance policies required by this chapter as well as a record of all claims made and judgments entered against such holder in relation to the operation of the taxicab business licensed under this chapter.

L. Availability of Records. All records, reports and other data shall be kept in a safe place for at least three years from the date of the last entry therein, and shall be available for examination and inspection at all reasonable times by the business license officer and other duly authorized representatives of the city. Such information shall be updated as necessary to reflect changes and shall include, but not be limited to: names and addresses of all managing and responsible parties, partners, shareholders, officers, directors and employees; corporate papers and permits; and minutes books.

M. Employment. Each holder of a taxicab permit shall keep and maintain at all times complete and accurate records of all persons employed by the holder to drive the taxicab. The records shall show in detail the names, addresses and dates of the commencement and termination of employment of each driver, each vehicle which an employee drives or has driven, and the hours during which each driver was on duty in such taxicab during each day or night of his or her employment, as well as a list of all days or nights on which each such employee was absent from his or her employment. Such records shall be made available to the business license officer or other duly authorized representative of the city upon demand therefor.

(Ord. 355 § 2.2, 1992)

Every person who shall, either by himself or herself or though his or her direction, consent, assent, permission or acquiescence, violate any of the provisions of this chapter, shall, upon conviction of such violation, be punished as provided in Chapter 1.01 of this code.

(Ord. 355 § 2.2, 1992)